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COLONIAL HISTOKY 

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CITY OF SAN FRANCISCO: 



A NARRATIVE ARGUMENT IN THE CIRCUIT COURT OF THE UNITED STATES 

FOR THE STATE OF CALIFORNIA, FOR"FOUR SQUARE LEAGUES 

OF LAND, CLAIMED BY THAT CITY UNDER THE 

LAWS OF SPAIN, AND CONFIRMED 

TO IT BY THAT COURT, AND BY THE SUPREME COURT 

OF THE UNITED STATES. 



BY 



FOURTH EDITION. 



JOHN W. DWINELLE, 

COUNSELLOR AND ADVOCATE : 




PRESIDENT OF THE ETHNO-HISTORICAL SOCIETY OF SAN FRANCISCO ; 

MEMBER OF THE AMERICAN ETHNOLOGICAL SOCIETY., 

AND OF THE HISTORICAL SOCIETY OF NEW YORK. 



SAN 

PRINTED BY TOWNE 



FKANCISCO : 

£ BACON, BOOK AND JOB PRINTERS. 

1867. 



PREFACE 



The following was prefixed to the first edition of this work: 
" It is hoped that the title given to this volume will not be consid- 
ered pretentious, when it is stated that it resulted from an after- 
thought, based upon the following considerations : the discussion 
of the case was thrown into a narrative form, for the reason that 
although often treated analytically, with great ability, and with a 
conclusive result, still a class of persons has existed ever ready to 
resist the conclusions of the argument by the cry : ' There was 
never any Pueblo of San Francisco ! ' thus endeavoring to evade 
the result by forcing a re-examination of the main fact in the case. 
A chronological narrative, weaving into itself in their appropriate 
places the organization and acts of the Pueblo, and its constant 
and often repeated recognition by the Executive, the Legislatures, 
and the citizens of California, both before and after the conquest by 
the Anglo-Americans, seemed the appropriate and only means of 
silencing this clamor, and of utterly and forever establishing the 
indisputable fact of the existence of the Pueblo, in such a manner 
that whoever hereafter should assume to deny it would render him- 
self ridiculous. When the work was nearly finished, the suggestion 
occurred that it was too valuable to be thrown as a mere waif upon 
the stream, as law-briefs and other pamphlets commonly are, and 
that whatever its merits or deficiencies in point of execution, the 
narrative, with its documents entitled Addenda, was not without a 
permanent value as the first essay towards the ' Colonial History of 
San Francisco.' It has therefore been honored with a title page, 
received an appropriate title, and been elevated from the low estate 
of a pamphlet to the dignity of a book. The documents in the 
Addenda contain precious materiaux pour servir, and present a 



IV PREFACE. 

view of the wise and beneficent colonial policy of Spain and Mex- 
ico which will repay the study of the historian, the ethnologist, and 
the statesman." 

The Narrative Argument was first prepared for the District Court 
of the United States in and for the Northern District of California, 
in which the case was submitted for decision. But some two years 
afterwards the cause was removed to the Circuit Court of the 
United States for the State of California, and then it became 
necessary, from a variety of considerations, to enlarge the Addenda, 
by printing a large portion of documentary matter pertaining to the 
case which existed only in manuscript, and particularly these Exec- 
utive and legislative acts, which showed a constant and repeated 
recognition of the Pueblo of San Francisco. The Supreme Court 
of the State of California and the Supreme Court of the United 
States had meanwhile made such great advances in a line of de- 
cisions bearing on the Piieblo case, that it had become necessary 
to rewrite and reprint nearly the whole of the argumentative por- 
tion of the brief. When this had been accomplished, the printed 
matter constituted the second edition of the book. It was then 
suggested by some of the executive officers of the city, that by 
adding a few pages to the Addenda, together with thorough indices 
of the contents of the whole, the book would constitute a Manual 
relating to the Real Estate of the city, whose value would more than 
compensate for the comparatively small increase in the cost of 
printing. I have acted upon this suggestion, and in this way the 
book has attained to what may be called its third edition. It is 
not, however, in any sense a Digest of laws relating to the City of 
San Erancisco, for very few laws are inserted in full, and most of 
those referred to have been executed, and have no force as existing 
enactments. A Digest of laws relating to the city is much desired, 
and would be invaluable, but has not fallen either directly or inci- 
dentally within the scope of the duties which I have undertaken to 
perform. 



ERRATA 



IN THE NARRATIVE ARGUMENT. 



Page 5, 



12 > 

27, 
28, 
32, 
32, 



"• 35, 

" 38, 

" 39, 

" 43, 

" 73, 



" 73, 



line 22, for " 1847" read " 1846." 

§ 11, line 7, for "Tepic" read u Pitic." ' 

line 15 from the foot, for "situ" read " sifris." 

in the note, for " illuc " read " Ulic" and for "Fillus " read "Filius." 

line 1, for " 1773 " read " 1779." 

§ 38, line 15, for "convenga" read "convengan." 

§ 42, line 5, for " Tepic " read " Pitic." 

§ 42, line 8 from the foot of the text, read : " while of the Seris Indians, 
who then occupied the country, but whose designation seems to have 
puzzled the translators of this Plan, — (see §§2 and 6 of the Plan, 
Addenda, No. VII, pages 11,1 2) — one portion, which is Christianized, 
reside," etc. 

lines 12 and 13, for " Romero " read " Romeu," and for " Nerva " read 
" Nava." 

§ 51, line 6, for "los Llajas" read "las Llagas." 

line 4, for " Llagas " read " Llagas." 

§ 58, line 2, for "tended" read "intended." 

line 3. The fanega is more than one and a half English bushels, and the 
estimates in bushels in § 107 of the Narrative Argument, and at page 
97 of the Addenda, must therefore be increased by one-half. 

§ 108, line 1, for " 1848 " read " 1843." 



IN THE ADDENDA. 

Page 51, line 20, for " Cosure" read " Cosme." 

" 58, Art. 2, line 5, for " Santa Frues " read " Santa Ynez." 

" 63, line 1, for "Justice of the Peace " read " to." 

" 66, Art. 1, line 2, for " Yagi " read " Yiejo." 

" 73, line 20, for "Spencer" read " Spcnce." 

" 75, line 18, for " Ruines " read " Briones." 

" 75, line 21, for " Matarin " read " Malarin." 

" 76, line 2, for " Gegino " read " Gregorio." 

" 76, line 16, for " Gregino " read " Gregorio." 

" 77, line 42, for " Matarin " read " Malarin." 

" 90, in the note. The mistake here noted was not made in Halleck's Keport, 
but in printing it at Washington, and arose from making one copy 
from another several times, before the one last made was sent to the 
printer. 

" 106, No. II, line 9, read " C. Y. Gillespie." 

" 108, line 5 from the foot, for " kept " read "left." 

" 111, line 24, for "Coz" read "Cruz." 

" 111, third line from the foot, for " Yoiget" read " Yioget." 

" 222, in the map, for " cobles " read " cables," a nautical standard of measure- 
ment, each cable consisting of 1 20 fathoms, or 720 feet in length. 

There are various other typographical errors which are not here noted, princi- 
pally in proper names, which will be corrected at a glance by those who are familiar 
with Spanish names, and in regard to which orthographic precision is of no import- 
ance to the general reader. 



THE SPANISH ARCHIVES OF CALIFORNIA. 

In the remote Province of California, the Ultima Thule of the "West, which for 
centuries, under the Spanish Government, remained almost a terra incognita to the 
rest of the world, rarely visited, save by the wandering trader, the adventurous 
explorer, and the self-sacrificing Jesuit Missionary, we should scarcely expect to 
find recorded, any very elaborate history of the country, or any thing indicating 
that the quiet Old Fathers and the Patriarchal Governors of this isolated region 
had any means of ascertaining, or troubled themselves about what was passing in 
other parts of the world. Yet, even here, we find recorded proof of that stately 
dignity, and clock-like precision, which, in the days of the Vice-Roys, marked the 
movement of the Spanish Government, even in her most distant Provinces. 

The actual archives of the former Spanish and Mexican Government of Cal- 
ifornia, extend back to the year 1767, and are comprised in about three hun- 
dred quarto volumes, mostly in manuscript, averaging about eight hundred pages 
each, besides some eight hundred Expedientes, or records of grants of land, made 
by the Mexican Government, under the laws of Colonization. These records 
consist of Royal Decrees, which, like the scattered fragments of some ponderous 
engine, though broken and rusted, tell of the grandeur and perfection of the 
ancient machine of which they formed a part, — of Official Documents and Corre- 
spondence, couched in the stately speech of the old Hidalgos, — of Civil, Military, 
and Ecclesiastical Records, — of Legislative and Judicial Proceedings, — of Private 
Papers and Personal Correspondence, — and, in fact, every thing that goes to make 
up the political and domestic history of the country is here elaborately recorded, 
from the day when the Spaniard first set foot upon the soil, down to the time when 
the dominion thereof was wrested from him by the grasping Saxon. 

The political division of Upper California was originally into four Districts cor- 
responding to the four so-called Presidios of San Diego, Santa Barbara, Monterey 
and San Francisco. These Presidios were fortified barracks, and thus received 
their name from the Presidium, the entrenched camp of the Romans. Under the 
protection of these Presidios the twenty-one Catholic Indian Missions of California 
were first established, and Pueblos, or settlements of whites, afterwards grew up. 
Subsequently, Upper California was divided into two Districts, and each District 
into two Partidos : a Prefect presided over the District, and under him, a Sub-Pre- 
fect over each Partido ; and in a still lower grade there existed local officers such as 
Alcaldes and Justices of the Peace, principally exercising judicial, and sometimes 
political functions ; while Ayuntamientos, or local democratic elective bodies, some- 
times supplied the function of municipal legislation to Partidos and to organized 
Pueblos or Towns. If the California Archives were perfect they should contain 
official records of every document issued or received by the local Government 
during the Hispano-Mexican dominion ; of all orders and reports ; of the archives 
belonging to the different Presidios, Prefectures, and Sub-Prefectures. In fact, 
they do contain all that could be collected of the above mentioned papers, and, in 
addition, a large portion of the documents belonging to the Custom House and to 
several of the towns. 



VI THE SPANISH ARCHIVES OF CALIFORNIA. 

A slight description of some portions of these old records will be interesting as 
showing the customs of the times, and the striking contrast they form to the habits 
of this age of steam and lightning. 

When a Royal decree of a general character in relation to the Spanish Indies, 
was issued at Madrid, a copy was forwarded to each one of the respective Vice 
Roys who governed the Provinces of the New World and the Philippine Islands ; 
the Vice Roy communicated the same to his immediate subordinate the Coman- 
dante General, who directed the decree to the Governors of the different Prov- 
inces under his charge ; and so on, from one officer to the next lower in grade, 
till the Decree of the Court of Spain was published by proclamation in every 
corner of the Spanish dominions, and some idea can be formed of the length of 
time required in those days to make those publications throughout the whole 
extent of the Spanish Indies ; still, although the process was slow, it was never- 
theless as certain as that water, when poured out, will find its level ; and we are 
no longer surprised when the historian tells us that the Decree for the expulsion 
of the Jesuit Priests from the Spanish Dominions, in 1767, was, without previous 
warning, promulgated and executed on the same day, and at the same hour, 
throughout the whole extent of the Spanish world. And so, when on a certain 
occasion, the King of Spain learning that the country around the Bay of San 
Francisco abounded in herds of wild deer, and desiring some of them for his 
Royal Parks, ordered the Vice Roy of Mexico, to direct the Comandante General 
at Chihuahua, to command the Governor of California, to order the Captain of 
the Presidio of San Francisco, to send a soldier to capture some of these animals, — 
though it required a long time to fulfill the commands of the King, still these 
royal orders certainly reached their final destination, and if the deer were caught, 
and survived the voyage to Spain, they most certainly found themselves in process 
of time transferred from the wilds of California, to the Royal Parks of Don 
Carlos. 

In these Archives we meet with frequent glimpses of the history of the 
times in other parts of the world, gathered from occasional intercourse with Spain 
and Mexico, and from the wandering voyager who sometimes touched on this 
coast for repairs and refreshments. We learn, that the fame even of the Great 
Napoleon extended to this remote region, for we find the old Fathers describing 
him to their dusky flocks, as el Gran Luzbel (the Great Lucifer) who was about 
to swallow up the whole earth, doubtless using him as a means to quicken the 
spiritual zeal of their Indian converts, and to stimulate them in their pious labors 
of building adobe churches. 

Upon this coast the navigators of all nations have left their records, from the 
stately Admiral who held courtly intercourse with the Governor, down to the 
humble master of the Boston trader who had been up on the " Nor' West Coast," 
bartering his notions with the wild savages for furs and peltries, and on his return 
touched at Monterey, craving permission to remain long enough to repair his 
vessel, and take in supplies. 

But perhaps the most interesting — certainly the most amusing — portion of 
those Archives is that which portrays the domestic habits of the people. These 
people appear to have been marked by that simplicity which generally charac- 
terizes the inhabitants of pastoral countries. Devoted children of the Catholic 
church, they applied to the Priest with the most unwavering trust in all mat- 
ters where spiritual advice or consolation was required ; and being imbued with 
that profound reverence for authority which has ever marked the masses of the 
Spanish people, they appealed to the Governor or some other official, in all matters 
in which they needed secular advice, or relief. 

Was a strange sail seen off the coast, the Governor was advised of the fact, and 
immediately dispatched messengers to the Comandantes of the Presidios, who 
were ordered to keep a vigilant lookout for the same. Did two neighboring ran- 
cheros have a dispute about their landmarks, or did they, like the herdsmen of 
Abraham and Lot, quarrel about their flocks, the Governor was appealed to for a 
settlement of the difficulty. Was a shock of earthquake felt in any portion of the 
country, the Governor received an official communication, giving the particulars 
of the same ; and one that occurred about 1804, is described by the Comandante of 
the Presidio of San Francisco, as being so severe as to destroy a portion of the 
Presidial buildings, gravely remarking, at the same time, that the only reason why 



THE SPANISH ARCHIVES OF CALIFORNIA. vii 

much damage was not done, was because there were no more houses to destroy. 
And here I will remark that the history of this country, as recorded in those old Ar- 
chives, has taught me to look with much suspicion upon the tall brick buildings of 
San Francisco, and ever to prefer a night's lodging in the humble wooden tene- 
ment, rather than in the lofty brick hotels of our city. 

Another anecdote will illustrate not only the paternal and provident solicitude of 
the Home Government for its subjects, but also the perfect diffusion of its orders 
and notices throughout all parts of the Spanish Empire. In some of the tropical 
latitudes of America there exists a troublesome insect which is apt to insert its eggs 
in the human body, either in a puncture made by the vermin itself, or under the 
nails of the hand or feet. This egg, when discovered, as it may readily be, is 
easily removed with the point of a knife, but if neglected, breeds a pernicious worm 
which penetrates the body or member, and causes a monstrous, permanent, abnor- 
mal development of the kind called elephantiasis, — a leg or a foot often expanding 
to the weight of forty, fifty and even sixty pounds. This explanation will render 
intelligible the following translation of an original official communication in the 
Archives, sent by Jacobo Ugarte y Loyola, Comandante General of the Internal 
Provinces of New Spain to Pedro Fages, Governor of California : 

" On the 20th of November last past, His Excellency the Marquis of Sonora, 
" (Viceroy of Mexico) was pleased to communicate to me the following Royal 
" Order — The Archbishop Viceroy of Sante Fe, (in South America) on the 2d of 
" July last, gave me an account of a remedy happily discovered by his confessor, 
"against the ravages of the Jigger (Nigua) in the hot countries of America, -which 
"consists in anointing the parts affected by the Jiggers with cold olive oil, which 
" causes them to die, and the sacs containing them can be easily extracted — which 
" the King desires should be published as a Bando (Proclamation) in the district 
" under your government, in order that it may reach the notice of all ; and you 
" shall take care that all those who are afflicted with said insect shall use said rem- 
" edy, which is as effectual as it is simple. And I insert the same to you in order 
" that you may cause it to be published. May God preserve your life many years. 
" Arispe, April 22d, 1787. Jacobo Ugarte t Loyola." 

There are no Jiggers in California ; probably none any where except in the 
strictly tropical latitudes of the New World ; but we may be certain that this same 
notice, emanating from the King in Old Spain, will be found in the same terms, in 
the Spanish Archives in the Philippines, Santiago de Chile, Louisiana and Florida ; 
and that any general order expedited from the same source during the period whea 
the above countries were colonies of Spain, may be recovered from their archives', 
if they have been preserved. 

Probably the following order from Governor Pedro Fages to Josef Arguello, 
Captain of the Fort and Presidio of San Francisco, originated from inaccurate 
information transmitted from the United States to Madrid, which there gave rise 
to an oficio that was transmitted to Mexico by ship, and thence expedited to Cal- 
ifornia by swift couriers on horseback, so that " General Washington's ship named 
the Columbia " slowly beating around the Horn, might be anticipated before 
her arrival at San Francisco : 

" Whenever there may arrive at the port of San Francisco a ship named the 
" Columbia, said to belong to General Washington, of the American States, com- 
"manded by John Rendrick, which sailed from Boston in September, 1787, bound 
" on a voyage of discovery to the Russian establishments on the northern coast of 
" this peninsula, you will cause the said vessel to be examined with caution and 
" delicacy, using for this purpose a small boat, which you have in your pos- 
" session, and taking the same measures with every other suspicious foreign vessel, 
" giving me prompt notice of the same. 

" May God preserve your life many years. Pedro Fages. 

" Santa Barbara, May 13th, 1789. 
" To Josef Arguello." 

Probably General Washington died in happy ignorance of his being the owner 
of a " suspicious foreign vessel ; " but this little item of history, buried in the 
archives of a remote province which probably he never heard of, betrays the senti- 



V1U THE SPANISH ARCHIVES OF CALIFORNIA. 

ment which an old legitimate monarchy entertained of his achievements, and an 
iustinctive prescience of the ultimate catastrophe of Hispano-American Revolution 
and Independence. The " ship Columbia " however, did not enter the port of San 
Francisco, but, sailing further to the north, discovered and gave its name to 
" Columbia River." 

The Governor appears to have exercised a kind of parental authority over his 
people. The following anecdote, will illustrate this : a certain school teacher, 
desiring to show the Governor how his pupils were progressing in the paths of 
knowledge, addressed him a polite note in relation to his " little school," forward- 
ing him, at the same time, several leaves from the copy books of his scholars, as 
an evidence that they were progressing in penmanship. The following are 
some of the copies: "The Tshmadites having;" — "Jacob sent him to see. his brothers;" 
— "Abimilech tool: from Abraham." These copies, written in a stiff old-fashioned 
hand, and which are now a part of the Archives, show that the worthy pedagogue, 
whoever he was, knew something of Biblical history, and that in the instruction 
of his pupils, this branch of learning was not neglected. 

Some of the complaints made by the people to the Governors and Alcaldes, are 
exceedingly amusing. One poor fellow complains to the Alcalde : that coming 
home from his labors in the held about three o'clock one summer afternoon, and 
feeling in a pleasant humor, he made some good-natured remarks to his spouse, 
but from some cause unknown to him, she repulsed him with scorn ; whereupon, 
he sought an explanation, but she refused him any satisfaction whatever ; and 
when he advised her to visit the Priest, she made some very irrevcrant remarks in 
relation to the Holy Father, and gave sundry manifestations of ill-humor generally. 
That he had borne this with becoming christian resignation, with the hope that it 
was a mere whim which would soon pass away; but that when she had carried her 
perverse humor so far as to place obstructions in the way of his marital rights, he 
felt constrained to seek judicial relief at the hands of the Alcalde. The record, 
however, is silent, as to what action the Alcalde took in the matter. 

In another case, a certain gay Lothario was surprised at an unseasonable hour 
by a vigilant old lady, in a somewhat suspicious proximity to her daughter, and 
on being attacked, could only reply in defence : " Madam, I am the flesh, you are 
the knife ; I have nothing to say, save that my intentions were honorable and 
matrimonial." 

But perhaps the most marvellous story recorded in those time-stained documents, 
is one, the truth of which will be denied by the learned disciples of Galen, as con- 
trary to the laws of physiology. I give the stoi-y as it is found recorded : 

"In the year 1797, when Don Diego de Borica governed the Province of Cali- 
fornia, and the Marquis of Branciforte ruled the Vice Royalty of Mexico, Gover- 
nor Borica, in a most dignified communication to the Vice Roy, gravely informed 
him that he had recently received an official communication from the Comandante 
of the Presidio of Santa Barbara, in which he stated : that an Indian woman 
belonging to that Mission, on a certain night ha4 given birth to ' dos perritos ' of 
a chocolate color, perfect in form, and without bearing any similitude to humanity; 
that while it w r as true that no one had witnessed this monstrous birth, save an In- 
dian woman, yet the Fathers saw the defunct puppies a short time after they had 
been deprived of life by the Indians, from whom the Missionaries received the 
story, whose truth they did not doubt." 

The Governor remarked, in the conclusion of his communication, that he thought 
it important to transmit the knowledge of so strange an event to the Vice Roy, 
and he therefore made it the subject of a formal official communication. As to 
the manner in which the story was received in Mexico, and whether or not it was 
credited by the savans about the court of the Vice Roy, history is silent, as nothing 
further is found recorded in relation to the matter. 

Volumes might be filled with extracts from the Archives, similar to the forego- 
ing, illustrative of the characteristics of this simple minded people. 

I have ever looked upon these dusty papers with a certain feeling of reverence, 
as the records of a people that will soon pass away, and leave nothing save these, 
and a few crumbling adobes, to tell that they ever tilled the fertile valleys of Cali- 
fornia, and covered her hills and plains with their flocks and herds. And, too, the 
perusal of these records always inspires me with that feeling of sadness, which, to 
the thoughtful mind, is inseparable from a contemplation of the changes wrought 



THE SPANISH ARCHIVES OP CALIFORNIA . ix 

in human life by the ever-onward flight of time ; and this feeling is still deepened 
by personal intercourse with the wretched remnant of the race, who are now almost 
strangers in the land where their fathers herded their cattle upon a thousand hills, 
and bounded their broad lands by mountain and river. Indeed, I can scarcely 
imagine a more melancholy picture than that presented by the elder portion of these 
people, those who remember the grand old days of the Vice Roys, as they wander 
through the crowded thoroughfares of our city, with a kind of Rip Van "Winkle 
stare, bewildered and lost, amid the changes wrought by a progressive race. No 
wonder that they sigh for the pastoral quiet which they and their fathers enjoyed 
before " Revolution, Democracy, Liberty and Progress" were heard of in these 
remote regions, — the good, old, halcyon days, — " en tiempo del Ret ! " 

Alas, grey-haired old men ! — the age of pastoral simplicity which nourished 
your childhood and youth, has passed away, and given place to one in which man- 
kind struggle one with another, as the warrior does with his foe upon the battle 
field ! — In this contest, you can take no part, for you are no match for the fair- 
haired children of the North, who now occupy the land where your fathers are 
sleeping, — their rest disturbed and broken by the shriek of the steam engine, and 
the heavy tread of the iron steed ! — Has the change added to the aggregate of 
human happiness ? — " Quien Sabe ? 

R. C. HOPKINS. 



HISTORICAL INTRODUCTION 



The City of San Francisco, which dates its importance only from the Conquest 
of California by the United States in 1846, and the discovery of gold there in 
1848, was really founded in the year 1776 ; and the circumstances attending its 
settlement are preserved to us with a minuteness of detail which even much younger 
cities, such as Cincinnati, Milwaukie, and St. Paul can hardly be supposed to 
possess. 

Foundation of San Francisco, a.d. 1776. 

The colonization of California is due to the missionary enterprises of the Eoman 
Catholic Church. In the year 1772 by an order of the Vice-Roy of New Spain, 
made in Council, the Territory pf Upper California (Alta California) was assigned 
to the Monks of the Regular Order of San Francisco de Assisi (St. Francis of Assis) 
as a missionary field, and that order, under the Presidency of Father Junipero 
Serra, a most active, zealous, and, prudent soldier of the Church Militant, pro- 
ceeded to take possession of the territory assigned to them. 

The country, however, was occupied by various savage tribes of Indians, pre- 
sumed to be hostile ; and although these native people proved in the end to be 
of so mild a temper as to suggest that they were possibly not indigenous, but the 
product of a Polynesian immigration, still it was considered necessary to protect- 
the missionary establishments by military establishments called Presidios — a 
tradition of the Presidium or fortified camp of Roman armies — which embraced 
the Fort, the barracks, the houses, and the gardens of the garrison. Around these 
Presidios it was expected villages, called Pueblos, would grow up, and that 
other Pueblos would spring into existence under their protection, more or less 
remote according to the influence of the military establishment. The plan of 
colonization was, therefore, three-fold : military, represented by Presidios ; civil, 
represented by Pueblos ; and religious, represented by Catholic Franciscan Mis- 
sions. 

In the year 1772, Father Junipero Serra, whose zeal to go on with the conquest 
(ir a la conquistalj had not been abated by the establishment of six missions under 
the protection of the Royal Presidios of San Diego and Monterey, represented to 
the Vice-Roy of Mexico, the Marquis de la Croix, that it was a reproach both to 
his order and to the^church that there was no mission bearing the name of San 
Francisco de Assis, the founder of the order. It is said that the Vice-Roy replied : 
" If our Father San Francisco wants a mission dedicated to him, let him show us 
a good port up beyond Monterey, and we will build him a mission there I" There 
was a report in Mexico that such a port existed, yet navigators sent to explore it 
had not succeeded in finding it, and even at Monterey nobody believed in it. But 
in 1772, Father Junipero, taking the Vice-Roy at his word, caused an overland 
expedition to set out from Monterey, under the command of Captain Juan Bau- 
tista Ainsa, to search for the apocryphal port. They were so far successful as to 
discover the present Bay of San Francisco, which they described as a large interior 
sea, communicating with the sea by a channel. But so unsatisfactory was their 
report, that in 1775, the San Carlos, a small brig, was sent up from Monterey, to 



Xll HISTORICAL INTRODUCTION. 

ascertain whether the Bay which had been discovered could be entered from the 
ocean by the "channel" which Ainsa's expedition had observed. 

The details of the exploration made by the San Carlos are preserved to us in 
the Life of Father Junipero, written by Father Palou, one of the first missionary 
Priests at San Francisco :* 

"This was accomplished with such success, that in nine days' sailing from 
Monterey, they arrived at the Port of our Father San Francisco, and found depth 
enough in the channel, which they entered in the night with great good fortune. 
The strait was barely a league in length, and about three-quarters of a mile across, 
and in some places more ; the entrance had no bar, but with strong currents to 
come in or go out with, according to the flow or ebb of the tide, 

"Inside, they found an interior sea [un mar mediteraneo) with two arms, one of 
which extended towards the southeast some fifteen leagues, and from three to five 
leagues towards the north ; and still beyond this a great Bay [San Pablo] some 
ten leagues broad, of a round figure, into which the great river of our Father San 
Francisco discharged itself [Sacramento] which was about three-quarters of a mile 
wide, and formed of five rivers, which, all swelling with water, and meandering 
through a great plain, so vast that it met the horizon, united and formed that 
Great River ; and all this immense flood of water empties itself through the straits 
into the Pacific Ocean, into the Bay of the Farallones. 

" The vessel remained in the Port forty days, and succeeded in exploring it most 
satisfactorily with the launch, and communicated with many hamlets of the natives, 
whom they found very gentle, peaceful, and affable. They described everything which 
they saw and explored, taking note that the entrance of the Port was a few minutes 
short of 38° of latitude,! although in the northern arm of the Bay it is some 
few minutes more. The exploration being finished, they returned to Monterey in 
the middle of September, and told us all that is above stated ; and some one ask- 
ing the Captain if the Port appeared to be a good one, he replied that it was not 
one Port, but a series of Ports, and that several Squadrons could be there at the 
same time without knowing the presence of each other, except that in entering or 
sailing out they might be seen, on account of the narrowness of the straits ; but 
once inside, they would be safe." 

Father Junipero Serra transmitted all this information, together with a map of 
the port, made by the captain of the vessel, to the Vice-Roy, with his congratula- 
tions upon the favorable prospects for the two missions, and notified him that he 
had named as missionary priests at Santa Clara, brothers Jose Murguira and 
Tomas de la Pena, and for the Mission of San Francisco brothers Pedro Benito Cam- 
bon, and Francisco Palou. 

These reports were so favorable, and the importunities of Father Junipero 
so urgent, that it was determined to found a Presidio and a Mission at the newly 
discovered Port, which now for the first time received the name of San Francisco, 
and for this purpose an overland expedition and one by sea were dispatched from 
Monterey. Brother Palou thus continues the narrative : 

"The said overland expedition left the 'Presidio' of Monterey on the appointed 
day, 17th of June of said year of 1776; it was composed of the said lieutenant 
commanding, Don Jose Moraga, 1 sergeant, and 16 soldiers clad in leather armor, 
all married men with large families ; of seven colonists, married likewise and hav- 
ing families [todos casados y con crecidas familias, de siete pobladores tambien ca- 
sados y con familias] ; of some followers and servants of the same ; of herdsmen 
and drovers, who drove the neat stock of the Presidio, and the pack train with 
provisions and necessary equipage for the road, the rest of the freight being left 
for the vessel which was about to sail. And as regards the Mission, we, the two 
Missionaries above named, joined the party with two young men servants for the 
Mission, two neophyte Indians of Old California, and another of the Mission of 
San Carlos, for the purpose of trying whether he could serve as an interpreter ; 
but as the idiom was found to be a different one, he only served to take care of the 
cows that were brought for the purpose of raising a stock of cattle. The said 
expedition went on towards this Port. 

* Vida del Venerable Padre Fray Jum'pero Serra por el Fray Francisco Palou. Chap. 
XLIV. 
t It is actually 37° 38' 30° by recent observation. 



FOUNDATION OP SAN FRANCISCO, A.D. 1776. xiii 

"On the 27th of June we arrived in the vicinity of the Port, and a camp was 
formed of fifteen tents on the borders on the banks of a large pond* which empties 
into that branch of the bay which trends to the southeast, so that we could wait 
for the vessel, and then determine the site of the Presidio, according to the anchor- 
age. * * * The day after our arrival we built a sort of shed, in which Mass 
was said, for the first time, on the Day of the Holy Apostles Peter and Paul ; and 
we continued to celebrate Mass every day while we remained in that place. * * 
In the exploration we made, we found that we were on a peninsula which had no 
inlet or outlet except towards south by southeast, and that in every other direction 
we were surrounded by the sea. On the east was the branch of the bay extending 
to the southeast ; and although it is some leagues wide, we could see the land and 
the mountains [of Contra Costa] on the other side very clearly. On the north is 
the other branch of the bay ; and on the west the great Pacific Ocean, and the 
Bay of the Farallones, in which is the entrance and the mouth of the Port." 

The natives were kindly disposed, gentle, and peaceful, received them with joy, 
approached them without fear, and brought, of their poverty, presents of shellfish 
and seeds of wild plants. Their manners and customs were those of the most 
primitive simplicity. Their food was acorns, hazelnuts, strawberries, raspberries, 

* The authors of the " Annals of San Francisco " make a curious mistake in designating 
this pond as the same known as " "Washerwoman's Lagoon." But Palou says that this 
pond emptied "into that part of the bay which trends to the southeast," and afterwards 
that the site for the Mission was selected "near the pond where we were encamped, and on 
the plain to the west of it : en este sitio de la Lag una en el plan 6 llano que tiene al Poniente." 
Now " Washerwoman's Lagoon " not only does not empty into the Bay of San Francisco, 
but it does not, and probably never did, empty anywhere ; and so far from being at or near 
the Mission it is three miles distant, with no " plain " but a hilly country intervening. I 
have heard that this encampment was made on the banks of a "'pond called Dolores", and 
that the Mission gradually came to be called the " Mission of Dolores " from this vicinage, 
in order to avoid the confusion when " San Francisco " was mentioned as a locality. May 
it not be that this pond was situated where " the "Willows " now are, which even now occa- 
sionally assume a pond-like character? The accretions of the silt brought down by the rain 
of less than ninety years would suffice to fill up a shallow pond of a larger area, especially if 
willows were planted there. 

It is well known that the ill-fated and gallant La Perouse, of the Royal French Navy, 
touched at Monterey, in 1786, on his Exploring Expedition, before he sailed out into that 
great Pacific Ocean from which no tidings of him ever returned. "While at Monterey he dis- 
patched an expedition to the Port of San Francisco, which made a hydrographic chart of 
the Bay of San Francisco, which he sent to France, and which was published with the ac- 
count of his explorations up to that point, and is therefore preserved to us. A copy of this 
chart is in possession of the Odd Fellows' Library, in this city, and I have consulted it since 
writing the above note. On this chart " La Laguna de los Dolores " is laid down precisely 
where the Willows are now situated, with an outlet "into that portion of the Bay of San 
Francisco which trends towards the southeast," answering precisely the description given 
by Palou. It is ten times as large as " Washerwoman's Lagoon," which is laid down on 
the chart as " Pequena Laguna'' — little pond, and is five times as large as Mountain Lake, 
which is called "Laguna del Presidio " — Presidio Pond. While on this map, it is curious 
and interesting to observe that while Alcatraz and Angel Island have their present desig- 
nations, Yerba Buena Island is called " La Isla del Carmel "— Carmel Island; Fort Point is 
"La Punta del Angel de la Guarda"— the Point of the Guardian Angel ; (was it Swamp 
Angel?) Point Lobos is not named, although its Seal Rocks are laid clown; Point Pedro is 
" Punta de las Almejas " — Mussel Point; and the "Laguna de la Merced" is represented 
as having a free, open communiction with the ocean. 

After writing thus far, I have been to the Mission of Dolores, and had an interview with 
a well known lady resident there, Dona Carmen Sibrian de Bernal. She was born of Span- 
ish lineage, in Monterey, California, in the year 1804; was married at San Jose, in 1821, to 
Jose Cornelio Bernal, a resident of San Francisco, and came here to reside the same year. 
She is a woman of great vivacity and intelligence, and states that the tradition is that 
when the Missionary Fathers came here to establish the Mission, they encamped at a pond 
which existed where the Willows now are, and to which a great tide-creek made up from 
the Bay : en donde son ahora los Sauciletos, en donde habia en eso tiempo un estero grande 
delaBahia. I also visited the site of " the Willows," and found that although the soil 
had been filled in there several feet during my own recollection, the fresh water was still flow- 
ing out towards the Bay ; and I could not find any tree there which appeared to be more than 
forty years old. The " estero " or tide-creek still makes up nearly to the Willows, but must 
soon be obliterated by the progress of public improvements. Why this pond was called 
" Dolores " must be left for others to determine. De Mofras says it was from " los Dolores " 
—the anguish or sufferings of San Francisco. See the Narrative Argument, § 35] but it 
may more probably have taken its name from the " Mater Dolorosa "— Nuestra Senora de 
Dolores. 

Instead of re- writing this Note, which has been put in type in three separate parts, as 
my inquiries proceeded, I have concluded to let it stand as it is, presenting at once process 
and result. 



XIV HISTORICAL INTRODUCTION. 

fish, caught as well in the ocean as in the bay, several kinds of mussels, cockles, 
venison, rabbits, geese, quails, and thrushes. But when a whale was stranded 
on the beach, it occasioned a great festival, "because," says Palou, "they 
have a great liking for its flesh, which is all grease or fat ; they cut it into large 
strips which they roast underground ; they suspend it from trees, and when they 
wish to eat, they cut off a piece and eat it with their other food ; they do the same 
with the seawoff, which they cut up as the}'' do the whale, because it is all fat." 
Much mention is made of wild plants (semillas de las yerbas del campo) of which 
the natives made flour for their gruel. It is difficult to understand what these 
were, unless they were wild oats. Also a black seed (semilla negra) is spoken of, 
of which they made cakes in the form of balls, as large as an orange, very savory, 
and tasting like a very oily almond roasted. It is doubtful whether this black seed 
has survived to the present day. 

The fashions as to clothing were exceedingly simple. Adult women wore, sus- 
pended from the loins, a slight, short skirt, leaving the rest of the person exposed ; 
and the rest — men, boys, and girls — rejected all clothing, except the men, who put 
on a suit of mud to protect themselves from the cold in the morning, and undressed 
themselves by washing it off when the sun grew warm. Palou compliments the 
climate of San Francisco, as newly arrived persons do to this day, saying that it is 
cold all the year round, particular^ in the morning (del frio que todo el ano 
hace en esta Mision, principalmente en las mananas). They had no religion, 
" merely a negative infidelity," says Father Palou. If they married, they took as 
wives all the sisters of the bride, and her mother, also, if she was a widow. The 
children belonged to all the wives alike. Divorce was established by a simple 
declaration of renunciation by either party. Father Palou thus continues the 
narrative : 

" Seeing that the vessel did not arrive, we began to cut timber for the Presidio 
buildings near the entrance of the port, and for those of the Mission near the 
Laguna, or pond where we were encamped, and on the plain to the west of it; and 
no news or orders arriving, the lieutenant left us six soldiers as a guard at the 
place determined upon for the Mission, and also two of the colonists, and went 
himself with all the rest of the company over near the entrance of the port to be- 
gin the work against the arrival of the ship. The vessel finally arrived on the 
eighteenth of August, having been delayed by contrary winds, which had driven 
it down as far as the thirty-second degree of latitude. With the assistance of sail- 
ors, whom the captain of the ship divided between the Presidio and the Mis- 
sion, we erected at the Presidio a small building for a chapel, and another for a 
storehouse for provisions ; and also a similar building at the Mission for a chapel, 
and another with proper divisions as a living house for the Fathers ; and the sol- 
diers likewise built their houses at the Presidio, as well as at the Mission — all of 
wood, thatched with flags (tule). 

" We took formal possession of the Presidio on the Seventeenth Day of 
September, the anniversary of the impression of the wounds of our Father San 
Francisco, the patron of the Presidio and Mission. I said the first mass, and after 
blessing the sites, (despues del bendito) the elevation and adoration of the Holy 
Cross, and the conclusion of the service with the Te Deum, the offiers took formal 
possession in the name of our Sovereign, with many discharges of cannon, both on 
sea and land, and of the musketry of the soldiers." 

The seventeenth of September, a.d. 1776, must therefore be consid- 
ered the date of the foundation of San Francisco. 

The Mission, as Father Palou records, was founded with equal ceremonies on 
the ninth of October, 1776. But the good Fathers had already commenced their 
religious work. There are still extant, at the Mission Church of Dolores, three 
old volumes bearing the signature of Father Palou, and the date of August 1st, 
1776, each strongly stitched together, with flexible covers of rudely dressed leather, 
and looped, instead of clasped, with thongs of raw buckskin, and little plugs of the 
same instead of buttons within the loops, labeled respectively : " Book of Baptisms 
— Book of Marriages — Book of Burials — Libro de Bautismos — Libro de Casimi- 
entos — Libro de Difuntos." The title pages of these volumes are all elaborately 
inscribed by Father Palou, and the following from the Book of Baptisms will serve 
as a sample of the rest : 



FOUNDATION OF SAN FRANCISCO, A.D. 1776. XV 

t 

" VIVA JESUS MARIA T JOSEF ! 

"Book of Baptisms, in which are recorded the births of those who are christened 
in this church, as well the children of the soldiers and colonists of the Royal Pre- 
sidio, as of the Indians of this Mission of Our Father San Francisco, which was 
founded by the Monks of the Apostolic College of San Francisco, in the port of 
the same name of our Father San Francisco, in Northern California, with the ap- 
probation and at the expense of our Catholic Monarch, King of the Spains, our 
Lord Don Carlos III, (whom God defend !) under the direction of His Excellency 
the Bailli Brother Don Antonio Maria Buccareli, Most Excellent Vice Eoy and 
Captain General of this New Spain. At the same time there was founded in its 
immediate vicinity the new Presidio of the same name of San Francisco, on the 
first clay of August of the year 1776. The first ministers being the Fathers Pres- 
byter-Preachers,* Brother Francisco Palou and Brother Pedro Benito Cambon, 
Apostolic Presbyter-Preachers of the above mentioned College of San Fernando, 
of Mexico. This book consists of three hundred and fifty leaves, without the first 
and last, which are to be left blank ; in testimonv of all which I have signed it. 

"BROTHER FRANCISCO PALOU. 

"In the name of the Most Holy Trinity, God the Father, God the Son, and 
God the Holy Ghost, of the Queen of Angels, Mary, Most Holy, Our Lady, and 
of our Father San Francisco, Patron of this Church and Mission, this Book of 
Baptisms is commenced !" 

The first three children appearing in this register were baptized hurriedly in ar- 
ticulo mortis-, Francisco Soto, August 10th, 1776; Juana Sanchez, August 28th, 
1776; and Maria Bojorquez, October 20th, 1776 — all children of soldiers at the 
Presidio. The fourth, which was baptized with all the ceremonies December 20th, 
1776, was Jose Gabriel Amezquita, son of Manuel Domingo de Amezquita and Maria 
Rosalia Zamara Amezquita ; the god-father and god-mother were Nicolas Berreyesa 
and his sister Ysabel — all pobladores or colonists of the Presidio. The first burial 
recorded was on December 21st, 1776, at the Church of the Presidio, of Maria de 
la Luz Mufioz, wife of Jose Manuel Valencia, a soldier there, who died in conse- 
quence of accident, and so did not receive extreme unction, but had confessed a 
few days before. The first interment made at the Mission Church was that of 
Juana Maria de Gama, wife of Antonio Maria de Gama, also a soldier. The first 
marriage was celebrated at the Mission Church, on November 28th, 1776, between 
Mariano Antonio Cordero, a soldier of the Presidio of Monterey, to Juana Fran- 
cisco, daughter of Pablo Pinto, soldier of the Royal Presidio of San Francisco, 
and Francisca Xaviera, his wife. What a little episode of romance is here sug- 
gested : Juana came with her parents from Sinaloa to help people the new garri- 
son of San Francisco, and, stopping at Monterey, cast her large, black Andalusian 
eyes upon poor Mariano, who found no relief until he had followed her to San 
Francisco, and they had received the nuptial blessing at the Mission Church ! 

In the California Hispano-Mexican Archives, in Vol. I, Provincial State Papers : 
Benicia : Military: a.d. 1767-1780, in No. 13, is found a volume of 115 pages, 
containing the first return of the Presidio of San Francisco, embracing the period 
of its foundation, in 1776, in the handwriting of Hermenegildo Sal, the first Co- 
mandante of that Presidio. A venerable and curious document : containing the 
account current of each soldier and settler with the Government for clothing and 
other supplies, which, after first going in the course of official routine to head- 
quarters at the Royal Presidio at San Diego, has wandered about from one capital, 
port, and military position to another, following the fortunes of revolution and of 
war, and now finding a resting place in that same Port of San Francisco from 
which it set out on its travels ninety years ago ! From this we find that Hermene- 
gildo Sal was Comandante of the Royal Presidio of San Francisco ; Jose Moraga, 
Lieutenant; Pablo Grijalva, Sergeant; and Domingo Alviso, Valerio Mesa, Pa- 
blo Pinto, Gabriel Peralta, and Ramon Bojorques, Corporals. Among the names 
of the thirty-three private soldiers, we recognize many which are still radicated in 

* Predicadores, literally Preachers, seems to have a higher sense than the English term, 
and I have therefore translated it Presbyter-Preachers. 



XVI HISTORICAL INTRODUCTION. 

> 

the soil : those of Paeheco, Alvarez, Garcia, Soto, Valencia, Bojorques, Arellano, 
De Castro, Bernal, Vasquez, Pico, Cordero, Galindo, Ochoa, Peralta, Gonzalez, 
Figueroa, Lopez, and Feliz. Among the pobladores — the colonists or settlers — are 
the surnames of Gonzalez, Berreyesa, Vasquez, Peralta, Alviso, Galindo, Arbolla, 
Otondo, Espinosa, Lopez, Sanchez, de la Cruz, Velez, Fontez, Cardenez, Olvera, 
Feliciano, Torrez, Molina, and Rodriquez. The Reverend Fathers at the Mission 
of San Francisco, were Brothers Francisco Palou and Pedro Cambon, above men- 
tioned in the narrative of Father Palou. 

Captain Vancouver visits the Presidio in 1792. 

The first picture we have of the Presidial Pueblo of San Francisco as taken by 
a visitor, is that of Captain George Vancouver, of His Majesty's sloop the Dis- 
covery, who touched at San Francisco on November 15th, 1792, in the Voyage 
Round the World which he made by Royal Commission in the years 1790-1795. 
The following is taken from his narrative. 

" Thursday morning, November 15th, [1192] we discovered anchorage in a most 
excellent small bay, within three-fourths of a mile to the nearest shore, bearing by 
compass south ; one point of the bay bearing north 56° west, the other south 73° 
east, the former at the distance of two and a half, the latter about three miles. The 
herds of cattle and flocks of sheep grazing on the surrounding hills, were a sight 
we had long been strangers to, and brought to our minds many pleasing reflections. 
On hoisting the colors at sunrise, a gun was fired, and in a little time afterwards 
several people were seen on horseback coming from behind the hills down to the 
beach, who waved their hats, and made other signals for a boat, which was imme- 
diately sent to the shore, and on its return I was favored with the good company 
of a priest of the order of St. Francis, and a sergeant in the Spanish army, to 
breakfast. The reverend father expressed the pleasure he felt at our arrival, and 
assured me that every refreshment and service in the power of himself or mission 
to bestow, I might unreservedly command, since it would be conferring on them 
all a peculiar obligation to allow them to be serviceable. The sergeant expressed 
himself in the most friendly manner, and informed me that in the absence of the 
commandant, he was directed on our arrival to render us every accommodation 
the settlement could afford. 

" We attended them on shore after breakfast, where they embraced the earliest 
opportunity of proving that their friendly expressions were not empty professions, 
by presenting me with a very fine ox, a sheep, and some excellent vegetables. 
The good friar, after pointing out the most convenient spot for procuring wood and 
water, and repeating the hospitable offers he had before made in the name of the 
fathers of the Franciscan order, returned to the mission of St. Francisco, which 
we understood was at no great distance, and to which he gave us the most pi'essing 
invitation. 

" With permission of the sergeant, I directed a tent to be pitched for the accom- 
modation of the party employed in procuring wood and water; whilst the rest of 
the crew were engaged on board in repairing the damages sustained in our sails, 
rigging, etc., during the tempestuous weather with which we had lately contended. 

" We amused ourselves with shooting a few quails on the adjacent hills, and in 
the afternoon returned on board to partake of the excellent repast supplied by our 
hospitable friends. Whilst we were thus pleasantly engaged, our boat brought off 
Father Antonio Danti, the Principal of the Mission of St. Francisco, and Seignor 
Don Hermenegildo Sal, an Ensign in the Spanish army, and commandant of the 
port. This gentleman, like those who visited us in the morning, met us with such 
warm expressions of friendship and good will, as were not less deserving our 
highest commendations, than our most grateful acknowledgments. 

" Whilst engaged in allotting to the people their different employments, some 
saddle horses arrived from the commandant with a very cordial invitation to his 
habitation ; which was accepted by myself and some of the officers. We rode up 
to the Presidio, an appellation given to their military establishments in this coun- 
try, and signifying a safe-guard. The residence of the friars is called a Mission. 
We soon arrived at the Presidio, which was not more than a mile from our landing 
place. Its wall, which, fronted the harbor, was visible from the ships ; but instead 
of the city or town, whose lights we had so anxiously looked for on the night of 
our arrival, we were conducted into a spacious verdant plain, surrounded by hills 



VANCOUVER VISITS THE PRESIDIO IN 1792. xvii 

on every side, excepting that which fronted the port. The only object of human 
industry which presented itself, was a square area, whose sides were about two 
hundred yards in length, inclosed by a mud wall, and resembling a pound for 
cattle. Above this wall the thatched roofs of their low small houses just made 
their appearance. Their houses were all along the wall, within the square, and 
their fronts uniformly extended the same distance into the area, which is a clear 
open space, without building, or other interruptions. The only entrance into it, 
is by a large gateway; facing which, and against the centre of the opposite wall 
or side, is the Church; which though small, was neat in comparison to the rest of 
the buildings. This projects further into the square than the houses, and is dis- 
tinguishable from the other edifices, by being whitewashed with lime made from 
seashells ; limestone or calcareous earth not having yet been discovered in the 
neighborhood. On the left of the church is the commandant's house, consisting, 
I believe, of two rooms and a closet which are divided by massy walls, similar to 
that which incloses the square, and communicating with each other by very small 
doors. Between these apartments and the outward wall was an excellent poultry 
house and yard, which seemed pretty well stocked; and between the roof and 
ceilings of the rooms was a kind of lumber garret; these were all the conveniences 
the habitation seemed calculated to afford. The rest of the houses, though smaller 
were fashioned exactly after the same manner ; and in the winter or rainy seasons, 
must at the best be very uncomfortable dwellings. For though the walls are a 
sufficient security against the inclemency of the weather, yet the windows, which 
are cut in the front wall, and look into the square, are destitute of glass, or any 
other defense that does not at the same time exclude the light. 

" The apartment in the commandant's house, into which we were ushered, was 
about thirty feet long, fourteen feet broad, and twelve feet high ; and the other 
room or chamber, I judged to be of the same dimensions, excepting in its length, 
which appeared to be somewhat less. The floor was of the native soil raised about 
three feet from its original level, without being boarded, paved, or even reduced to 
an even surface ; the roof was covered with flags and rushes, the walls on the 
inside had once been whitewashed ; the furniture consisted of a very sparing assort- 
ment of the most indispensable articles, of the rudest fashion, and of the meanest 
kind ; and ill accorded with the ideas we had conceived of the sumptuous manner 
in which the Spaniards live on this side of the globe. 

" It would, however, be the highest injustice, notwithstanding that elegancies 
were wanting, not to acknowledge the very cordial reception and hearty welcome 
we experienced from our worthy host ; who had provided a refreshing repast, and 
such a one as he thought likely to be most acceptable at that time of the day ; nor 
was his lady less assiduous, nor did she seem less happy than himself in entertain- 
ing her new guests. 

"On approaching the house, we found this good lady, who, like her spouse, 
had passed the middle age of life, decently dressed, seated cross-legged on a mat, 
placed on a small square wooden platform raised three or four inches from the 
ground, nearly in front of the door, with two daughters* and a son, clean and 
decently dressed, sitting by her ; this being the mode observed by these ladies when 
they receive visitors. The decorous and pleasing behavior of the children was 
really admirable, and exceeded anything that could have been expected from them 
under the circumstances of their situation, without any other advantages than the 
education and example of their parents ; which, however, seemed to have been 
studiously attended to, and did them great credit. This pleasing sight, added to 
the friendly reception of our host and hostess, rendered their lowly residence no 
longer an object of our attention ; and having partaken of the refreshments they 
had provided, we remounted our horses in order to take a view of the surrounding 
country before we returned on board to dinner, where Seignor Sal and his family 
had promised to favor me with their good company, and who had requested my 
permission to increase their party by the addition of some other ladies in the 
garrison. 

* One of these daughters of Comandante Sal, Dona Josefa Sal, was so late as the year 
1863, the guest in this city of R. C. Hopkins, Esq., the official keeper of the California His- 
pano Mexican Archives. She was then a maiden lady of more than seventy years of age, 
and is since deceased. Her reminiscences of the early history of San Francisco were fresh 
and exceedingly interesting. 



XV1U HISTORICAL INTRODUCTION. 

" Our excursion did not extend far from the Presidio, which is situated as before 
described in a plain surrounded by hills. This plain is by no means a dead flat, 
but of unequal surface ; the soil is of a sandy nature, and was wholly under pasture, 
on which were grazing several flocks of sheep and herds of cattle ; the sides of the 
surrounding hills, though but moderately elevated, seemed barren, or nearly so ; 
and their summits were composed of naked uneven rocks." 

Vancouver's account of the Mission, a.d. 1792. 

"The next day, Sunday, the 18th, was appointed for my visiting the Mission. 
Accompanied by Mr. Menzies and some of the officers, and our friendly Seignor 
Sal, I rode thither to dinner. Its distance from the Presidio is about a league in an 
easterly direction. Its situation and external appearance in a great measure 
resembled that of the Presidio ; and, like its neighborhood, the country was pleas- 
ingly diversified with hill and dale. The hills were at a greater distance from each 
other, and gave more extent to the plain, which is composed of a soil infinitely 
richer than that of the Presidio, being a mixture of sand and black vegetable mould. 
The pastures bore a more luxuriant herbage, and fed a greater number of sheep 
and cattle The barren sandy country through which we had passed, seemed to 
make a natural division between the lands of the mission and those of the Presidio, 
and extends from the shores of the port to the foot of a ridge of mountains, which 
border on the exterior coast ; and appear to stretch in a line parallel to it. The 
verdure of the plain continued to a considerable height up the sides of these 
hills ; the summits of which, though still composed of rugged rocks, produced a 
few trees. 

" The buildings of the Mission formed two sides of a square only, and did not 
appear as if intended, at any future time, to form a perfect quadrangle like the 
Presidio. The architecture and materials, however, seemed nearly to correspond. 

" On our arrival we were received by the reverend fathers with every demonstra- 
tion of cordiality, friendship, and the most genuine hospitality. We were instantly 
conducted to their mansion, which was situated near, and communicated with the 
church. The houses formed a small oblong square, the side of the church com- 
posed one end, near which were the apartments allotted to the fathers. These 
were constructed nearly after the manner of those at the Presidio, but appeared to 
be more finished, better contrived, were larger, and much more cleanly. 

" Whilst dinner was preparing, our attention was engaged in seeing the several 
houses within the square. Some we found appropriated to the reception of grain, 
of which, however, they had not a very abundant stock; nor was the place of its 
growth within sight of the mission ;* though the richness of the contiguous soil 
seemed equal to all the purposes of husbandry. One large room was occupied by 
manufactures of a coarse sort of blanketing, made from the wool produced, in the 
neighborhood. The looms, though rudely wrought, were tolerably well contrived, 
and had been made by the Indians, under the immediate direction and superin- 
tendence of the fathers ; who by the same assiduity, had carried the manufacture 
thus far into effect. The produce resulting from their manufactory is wholly 
applied to the clothing of the converted Indians. I saw some of the cloth, which 
was by no means despicable ; and, had it had the advantages of fulling, would 
have been a very decent sort of clothing. The preparation of the wool, as also 
the spinning and weaving of it, was, I understood, performed by unmarried women 
and female children, who were all resident within the square, and were in a state 
of conversion to the Roman Catholic persuasion. Besides manufacturing the wool, 
they were also instructed in a variety of necessary, useful, and beneficial employ- 
ments, until they marry, which is greatly encouraged ; when they retire from the 
tuition of the fathers to the hut of their husband. By these means it is expected 
that their doctrines will be firmly established, and rapidly propagated; and the 
trouble they now have with their present untaught flock will be hereafter recom- 
pensed, by having fewer prejudices to combat in the rising generation; they like- 
wise consider their plan as essentially necessary, in a political point of view, for 
securing their own safety. 

" By various encouragements and allurements to the children or their parents, 
they can depend upon having as many to bring up in this way as they require. 

* The wheat of the Mission was grown at San Pablo and San Mateo. 



VANCOUVER'S ACCOUNT OP THE MISSION, A.D. 1792. xix 

Here, they are well fed, better clothed than the Indians in the neighborhood, are 
kept clean, instructed, and have every necessary care taken of them; and in 
return for these advantages they must submit to certain regulations — amongst 
which, they are not suffered to go out of the interior square in the day time without 
permission, are never to sleep out of it at night ; and to prevent elopements, this 
square has no communication with the country but by one common door, which 
the fathers themselves take care of, and see that it is well secured every evening, 
as also the apartments of the women, who generally retire immediately after 
supper. 

" The persons of the natives, generally speaking, were under the middle size, 
and very ill made ; their faces ugly, presenting a dull, heavy, and stupid counte- 
nance, devoid of sensibility or the least expression. One of their greatest aver- 
sions is cleanliness, both in their persons and habitations ; which, after the fashion 
of their forefathers, were still without the most trivial improvement. Their houses 
were of a conical form, about six or seven feet in diameter at their base, and are 
constructed by a number of stakes, chiefly of the willow tribe, which are driven 
erect into the earth in a circular manner, the upper ends of which being small and 
pliable, are brought nearly to join at the top, in the centre of the circle ; and these 
being securely fastened, give the upper part of the roof somewhat of a flattish 
appearance. Thinner twigs of the like species are horizontally interwoven between 
the uprights, forming a piece of basket work about ten or twelve feet high ; at the 
top a small aperture is left, which allows the smoke of the fire made in the centre 
of the hut to escape, and admits the most of the light they receive. The entrance 
is by a small hole close to the ground, through which, with difficulty one person at 
a time can gain admittance. The hole is covered with a thick thatch of dried 
grass and rushes. 

" Close by stood the church, which for its magnitude, architecture, and internal 
decorations, did great credit to the constructors of it; and presented a striking 
contrast between the exertions of genius and such as bare necessity is capable of 
suggesting. The raising and decorating this edifice appeared to have greatly 
attracted the attention of the fathers ; and the comforts they might have provided 
in their own humble habitations, seemed to have been totally sacrificed to the 
accomplishment of this favorite object. Even their garden, an object of such 
material importance, had not yet acquired any great degree of cultivation, though 
its soil was a rich black mould, and promised an ample return for any labor that 
might be bestowed upon it. The whole contained about four acres, was tolerably 
well fenced, and produced some fig, peach, apple, and other fruit trees, but afforded 
a very scant supply of useful vegetables ; the principal part lying waste and over- 
run with weeds. 

" On our return to the convent, we found a most excellent and abundant repast 
provided, of beef, mutton, fish, fowls, and such vegetables as their garden afforded. 
The attentive and hospitable behavior of our new friends, amply compensated for 
the homely manner in which the dinner was served ; and would certainly have 
precluded my noticing the distressing inconvenience these valuable people labor 
under, in the want of almost all the common and most necessary utensils of life, 
had I not been taught to expect that this colony was in a very different stage of 
improvement, and that its inhabitants were infinitely more comfortably circum- 
stanced." 

This picture of the primitive simplicity existing in San Francisco seventy-four 
years ago, is known but to few even of our own citizens. It is not necessary here 
to enter further into the history of the Mission, or the colonial history of San 
Francisco, which are fully detailed in the Narrative Argument which follows. It 
was hardly to be expected that two white priests, who' were all that were allotted 
to the Mission, should in the short space of sixteen years from its foundation, have 
brought the barbarous natives, whom they first collected there, into a very advanced 
state of civilization, or even have been able to provide them with habitations much 
superior to their own. But it is well known that in the course of fifty years of the 
progress and prosperity of this Mission, the native neophytes were brought up to a 
comparatively high degree of advancement, well clad, well fed, instructed in relig- 
ion, agriculture, and handicrafts, and comfortably sheltered in houses com- 
pactly built of adobe", and roofed with tiles. A sketch of the Mission, made in the 
year 1830 by an officer of the British Royal Navy (see page 50 of the Narrative 
Argument), represents the church as it still exists, in a state of perfect preserva- 



XX HISTORICAL INTRODUCTION. 

tion, with the Mission Buildings proper, which are also preserved, while near them 
is a large body of the rancherias, the adobe huts of the neophytes. In front of them 
is the walled inclosure of the Mission Orchard, la huerta de drboles frutales ; 
under the eaves of the church is seen the wall of the Campo Santo — the Holy Field 
— whose consecrated soil covers so many generations of the pious dead ; while 
down in the middle foreground lies the small building of la curtideria, the tannery 
where leather was manufactured by a crude but substantial process. Many of 
these adobe houses of the Indian converts still remain, and are occupied as resi- 
dences by the white population. 

The subsequent Colonial History of the Pueblo, Presidio, and Mission of San 
Francisco is detailed in the Narrative Argument. 

Topography. 

The Eastern Coast of the Pacific Ocean, from many miles to the south of San 
Francisco, runs in a northerly direction, till, at the entrance of theStraits of San 
Francisco, it meets a long line of ocean coast running nearly if not quite southeast. 
These two extended lines of coast, thus converging, form a deep indentation in the 
land, and the two points, respectively north and south of their junction, constitute 
the " Golden Gate," which is about a mile in width. This designation was given 
by the Anglo-Americans long anterior to the discovery of gold in California, and 
however appropriate it has since become on account of that discovery, and from 
the golden tide of commerce which has its flux and reflux through these portals, 
the name probably took its origin from the sunny, golden view which is always 
presented on a clear day to one approaching San Francisco from the ocean and 
through the straits. The southern point of the " Golden Gate " is bold and bluff, 
elevated probably two hundred feet above the tide, and at its foot has recently 
been constructed an extensive American Fort, upon the site of an old Hispano- 
Mexican military work, called Fort San Joaquin ; from this fact it is called " Fort 
Point." The opposite northern point of the Golden Gate rises almost precipitously 
to the height of three thousand five hundred feet to the summit of Tamul Pais, or 
Table Hill, the most elevated mountain on the immediate coast of the Pacific. 

The City of San Francisco, with a population of 1 20,000 inhabitants, is situ- 
ated upon the northeastern extremity of the peninsula formed by the Pacific Ocean 
and the Strait and Bay of San Francisco, in latitude thirty seven degrees and forty 
minutes north, longitude one hundred and twenty-two degrees and thirty minutes 
west, about six miles from the Pacific. That portion of the peninsula which lies 
within the City and County of San Francisco is about six miles in average width. 
The natural features of the most thickly settled portions of the two are generally 
those of a slope ascending rapidly to the height of three hundred und seventy-six 
feet above tide water within half a mile of the bay, but in some places rising almost 
precipitously to the height of three hundred feet ; while the character of the soil is 
for the greater part sandy, rocky, and barren. 

The sand hills formerly, existing to the south and southwest of the earliest set- 
tled part of the city have been transferred into the mud-flats of the water front, or 
into the marshes which formerly existed between the city and the Mission Do- 
lores, which lies within the city, bringing into occupancy a large tract thus made 
level ; and beyond this, on the south, lies a large tract of rolling land, formerly 
affording considerable pasturage, and to the southwest a sandy valley, which opens 
into a wide plain of drifting sand as it approaches the Pacific," to which it extends ; 
and between the two lie the plains, valleys, and mountains of San Miguel. Lone 
Mountain Cemetery occupies the crest of a ridge of lofty hills, lying on the old 
Spanish trail leading from the Mission Dolores to the Presidio, and embraces in one 
sweep the Pacific Ocean, the whole extent of the straits, the great basin of the bays of 
San Francisco, San Pablo, and Suisun, the valleys of San Rafael, Petaluma, Sonoma, 
and Napa, and of the rivers Sacramento and San Joaquin — and, looking out upon 
the lofty peaks of Tamul Pais and Monte Diablo, it commands a view of unsur- 
passed magnificence and beauty, and is an appropriate resting place for those 
pioneers in the settlement of California, who will hereafter be ranked among its 
civil conquistador -es. The names of Broderick and Baker have already connected 
this cemetery with history. Calvary Cemetery, situated directly to the south of 
the other, is a consecrated burial place of the Roman Catholics, embracing within 
its limits the "Lone Mountain," a designation which is perfectly descriptive of its 



TOPOGRAPHY. Xxi 

tall, conical, solitary mass, on whose lofty summit is planted the sacred symbol of 
of faith and civilization, visible at a great distance from land or from the ocean. 

The old barracks and entrenched camp of the Hispano-Mexican regime, called 
the Presidio, are situated about four miles west from the heart of the city and near 
the Fort. Upon the bay, and intermediate between the Presidio and the town, is 
a bold cliff of black rocks called indifferently Black Point, and Point San Jose, 
upon which a small battery named San Jose existed for sometime under the Mex- 
ican dominion, appurtenant to the other military works, and has lately been re- 
placed by an American battery. In a southwestern direction from the principal 
Plaza, or Public Square, and about two and a half miles distant from it, are the 
church and buildings of the ancient Catholic Mission of Dolores, otherwise called 
the Mission of San Francisco de Asis. 

This Mission is now extinct ; and its buildings, inclosing a large open court, are 
mostly in a condition of good preservation, while the rancherias, or mud cabins, of 
the former Indian neophytes are for the greater part destroyed ; but the church, a 
structure of adobe', or unburnt brick, is well preserved, and used as a parish church, 
and together with the adjoining campo santo, or cemetery, has been confirmed in 
ownership, by the Courts of the United States, to the Bishop of Monterey, as a 
corporation sole, representing the Catholic Church in that behalf. About four 
miles due west, from the centre of the city is situated a pond, or lagnna, called 
Mountain Lake, without visible inlet or outlet ; but a considerable stream rising 
within a short distance, called Lobos Creek, and flowing rapidly into the Pacific, 
furnishes a considerable portion of the water supply of the inhabitants of the city. 
In the same direction, upon the shore of the Pacific, and about six miles distant 
from the city proper, is a precipitous, rocky cliff, several hundred feet in height, 
called Point Lobos — la Punta de los Lobos — from a colony of sea-wolves — lobos 
marinos — which have immemorially inhabited an archipelago of large rocks lying 
about a furlong from the shore. Mission Creek is an estuary of considerable size, 
which penetrates the peninsula between the city proper and the Mission; the 
Laguna de la Merced — Lake of Mercy — is composed of two small freshwater lakes, 
but little elevated above the level of the ocean, situated near the beach, about eight 
miles southwest from the city , and the Laguna Honda — Deep Pond — is a natural 
funnel of great depth, but elevated three or four hundred feet above tide water, 
situated about five miles from the city in a southwesterly direction, which has been 
converted into a reservoir for the waters of the Pilarcitos Creek, brought about 
twenty-five miles by natural flow from the mountains, for the use of the inhabitants. 
About eight miles southward from the head of the peninsula, the picturesque San 
Bruno Mountains extend nearly from the bay to the ocean ; while the island of 
Yerba Buena, or Goat Island, of considerable dimensions, lies in the bay, about a 
mile directly east of the city, beyond which, six miles from the city, lie the plains, 
and as many miles beyond them, the Mountains of Contra Costa — the counter 
coast. Alcatras Island — la Lsla de los Alcatreces — [Pelican Island] — a bold, bar- 
ren, symmetrical rock, situate due north of the city, about a mile distant from it, 
and commanding the straits, the city, and the harbor, is crowned with fortifications, 
and bristles with cannon. These constitute all or nearly all the localities mentioned 
in the accompanying narrative; certainly all which are necessary to make it intel- 
ligible. 

The inhabitants of the Pueblo of San Francisco formerly resided at the Presi- 
dio, where was the only settlement of whites previous to the year 1835, and during 
all this time " the harbor of San Francisco " was in the straits immediately oppo- 
site the Presidio, where the beach is clear, firm, gravelly, and sandy, and the water 
deepens rapidly. ( See the Frontispiece. ) This is now called the " Outer Harbor ; " 
but even since the discovery of gold, in 1848, "ancient mariners," who had long 
previously visited San Francisco on coasting and whaling voyages, have often 
dropped their anchors in the outer harbor, supposing they had reached their real 
destination. 

Frequent reference is made in the following pages to documentary evidence 
drawn from the " California Archives," so called. I have availed myself of a 
description of those archives furnished at my solicitation by the ready and accom- 
plished pen of K. C. Hopkins, Esq., their official keeper, which is prefixed to this 
Introduction. 



XX11 HISTORICAL INTRODUCTION. 

Present Condition of San Francisco. 

A wide and rapid stride brings the reader from the days of simplicity, sloth, 
and dullness, to the present era, and to San Francisco as she is. The City and 
County of San Francisco constitute but one Municipal corporation. Previous to 
1856 there was a City corporation and a County corporation; but in that year it 
was deemed advisable to consolidate the two into one Municipal corporation ; and 
because the County organization was created by the Constitution, the limits of the 
County were reduced, and the City united with it by the so-called Consolidation 
Act of 1856. The President of the Board of Supervisors is therefore the Chief 
Executive of the City, with the title of Mayor ; the Board of Supervisors is the 
City Council, and the Supervisors are the Aldermen. 

Population, Manufactures, Institutions, Etc. 

The population of San Francisco is estimated by good statists at 120,000. By 
the last census returns as digested by the Secretary of the Interior, she was ranked 
as fifteenth in population among the cities of the United States, and ninth in manu- 
facturing importance. But since the census of 1860, both her population and man- 
factures have probably doubled. The market for her manufactures has an extent 
hardly rivaled by that of any American City : extending from Sitka on the north, to 
Valparaiso on the south, embracing the Sandwich Islands, Japan, and Australia ; the 
Chinese coast, and that of Asiatic Russia. Its annual current expenditures exceed 
$900,000; its outstanding Funded Debt is $4,000,000 ;* it possesses Hospitals, 
Orphan Asylums, Industrial Schools, Wharves, Street Railroads, Fire Telegraphs, 
Public Buildings, Water Works, Prisons, Gas Works, Cemeteries, a Board of 
Health, a Board of Education, Public Schools, Colleges, Medical Schools, Public 
Libraries, Public Societies of all kinds, and is about to introduce a Paid Fire 
Department. It has three District Courts, of original jurisdiction at law and in 
equity; a County Court ; a Probate Court; a Police Court ; Justices' Courts ; and 
a Police Department. It possesses all the higher organizations of modern civil- 
ization, for the promotion of religion, morality, and health, and for the repression 
of idleness, vice, and disease. 

The following are the present officers exercising jurisdiction and authority in 
the City : 

Mayor : Hon. Henry P. Coon ; 

Supervisors : A. H. Titcomb, R. P. Clement, Isaac Rowell, Wm. S. Phelps, 
Monroe Ashbury, E. N. Torrey, Charles Clayton, Jacob Schreiber, A. J. Schroder, 
Jas. H. Reynolds, Frank McCoppin, Charles H. Stanyon ; Clerk, J. W. Bingham. 

District Judges : Fourth District — Hon. E. D. Sawyer ; Twelfth District — 
Hon. O. C.Pratt; Fifteenth District — Hon. S. H. Dwindle; County Judge: 
Hon. Samuel Cowles; Probate Judge : Hon. M. C. Blake ; Police Judge : 
Alfred Rix ; Chief of Police : Martin J. Burke ; District Attorney : 
Nathan Porter ; City Attorney : John H. Saunders ; County Clerk : 
Wilhelm Loewy ; County Recorder : Thomas Young ; Auditor : Henry M. 
Hale ; Treasurer : Joseph S. Paxson ; Tax Collector : Charles R. Story ; 
Sheriff : Henry L. Davis ; City Surveyor : George C. Potter; Coroner : S. 
R. Harris ; Public Administrator : John W. Brumagim. 

We have thus brought San Francisco through a period of ninety years, from the 
condition of a feeble colony situated on the very outskirts of the Spanish domin- 
ion, to that of a large, wealthy, and prosperous City of the United States, and 
destined, to become, in a few years, the Queen of the Pacific. 



SERIAL INDEX TO THE ARGUMENT. 



SECTION. ' PAGE. 

1. Statement of the case . . . ; 1 

2. A Historical Statement necessary 2 

3. Modern Municipalities or Communes -2 

4. Spain first originated a System of Communes, Burghs, 

or Local Municipalities 3 

5. Difficulty in arguing the case 4 

6. Character of the Testimony. Loss of Papers. Doc- 

umentary Evidence — " Addenda." 4 

7. Definition of Terms 6 

8. Department — District — Partido 6 

9. Pueblo '. ... 7 

10. Proprios and Arbitrios 8 

11. Suertes, Solares, Sitios . 9 

12. Ayuntamiento — Regiclor — Procurador — Sindico — 

Municipalidad 9 

Bienes Concejiles. [Town Property.] 10 

Ejidos or Exidos 10 

15. Dehesas 11 

16. How the Pueblo Lands migfyt be divided 12 

17. Communiad — Community. Indian Pueblos 13 

X8. Espediente — Expediente. Informe. Vista. Borrador 14 

19. The Pueblos of California 14 

20. Three-fold plan of this Colonization of California: 

Missions, Presidios, and Pueblos, including Pre- 

sidial-Pueblos 15 

21. Foundation of the Missions. Jesuit voyages 15 



XXIV SERIAL INDEX TO THE ARGUMENT. 

SECTION. PAGE. 

22. The Jesuits suppressed. The Missions ceded to the 

Franciscans 16 

23. The Franciscans yield the Missions of Lower California 

to the Dominicans, and establish themselves in 

Upper California 17 

24. Description of a Mission 17 

25. Description of a Presidio 18 

26. The Missions had no property in lands 19 

27. The terms "Religious," "Secular," and "Seculari- 

zation" 21 

28. The rights of Pueblos, as such 21 

29. No special grant of land was needed 22 

30. How the measurement of Pueblo Lands was to be 

made 22 

31. Foundation of the first two Presidios in California : 

San Diego and Monterey, a.d. 1769-1770 23 

32. Exploration of the Harbor of San Francisco 23 

33. Instructions to Commandants of Presidios in Califor- 

nia in 1773 24 

34. Foundation of the Presidio and Mission of San Fran- 

cisco— a.d. 1776 25 

35. The name " San Francisco de Asis." 26 

36. Felipe de Neva's regulations for the Colonization of 

California— a.d. 1779 26 

37. Regulations for the distribution of house lots and cul- 

tivable lands 27 

38. The four square leagues recognized 28 

39. A cotemporary official construction of the four-league 

grant to Pueblos— a.d. 1786 29 

40. Regulations for Colonization for California — called 

the Plan of Pictic— a.d. 1789 30 

41. By whom this plan was promulgated 31 

42. Occasion of the Plan of Pictic— a.d. 1789 32 

44. Another official construction of the Four-League Law. 

The Presidios declared to be Pueblos, and each 
entitled to four leagues of land — a.d. 1791 .... 33 

45. Democratic features of the Plan of Pictic 34 



SERIAL INDEX TO THE ARGUMENT. XXV 



PAGE, 



46. It is decided not to establish a " Villa of Branciforte " 

at San Francisco — a. p. 1796 36 

47. Laws of the Cortes of Spain respecting the formation 

of Ayuntamientos of Pueblos — a.d. 1812 36 

48. The preamble of this law respecting Ayuntamientos 

recites, etc 37 

49. The complex system of a double election for the offi- 

cers of Ayuntamientos 37 

50. How a Pueblo might lose its Ayuntamiento 37 

51. Actual division into Districts and Partidos 38 

52. The Cortes of Spain order all the property of the 

Pueblos, except the vacant suburbs, (ejidos,) to 

be granted in private ownership — a.d. 1813. ... 39 

53. The Cortes of Spain declare that the Missions ought 

to be secularized — a.d. 1813 39 

54. The Mexican Revolution— a.d. 1821 40 

55. Progress of the Pueblo of San Francisco — a.d. 1825 40 

56. Mexican Colonization Laws of 1824 and 1828 41 

57. It is decided that Commandantes of Presidios have no 

power to grant public lands outside of their Pueb- 
los. Was the power to grant public lands in 
abeyance ? — a.d. 1828, November 6th. 42 

58. The Mexican Government orders the Missions of Cali- 

fornia to be secularized — a.d. 1833 43 

59. The success of the Mission system 44 

60. The " Pious Fund " of the Missions of California. . . 44 

61. What constituted the " Pious Fund." 45 

62. Spoliation of the " Pious Fund." 45 

63. Annual produce of the " Pious Fund." 45 

64. The stipends fail: $1,000,000 due the Missions 46 

65. The " Pious Fund " diverted into the Public Treasury 46 

66. The " Pious Fund " restored to the Bishop of Cali- 

fornia 46 

67. Santa Anna " administers " the " Pious Fund." .... 47 

68. The " Pious Fund " is sold and the proceeds absorbed 47 

69. Meanwhile there was no Ayuntamiento at San Fran- 

cisco. Ayuntamientos divided into three classes, 
a.d. 1834 47 



XXVI SERIAL INDEX TO THE ARGUMENT. 



PAGE. 



70. An Ayuntamiento aggregate ordered for the Partido 47 

of San Francisco — a.d. 1834 48 

71. This Partido Ayuntamiento was organized 48 

72. A composite Ayuntamiento ordered to be elected for 

the Pueblo of San Francisco — a.d. 1835, January 49 

73. What was the actual population of the Pueblo of San 

Francisco in 1834—1835 49 

74. This new Ayuntamiento was elected and organized . . 51 

75. Where the official act of the formation of this Ayunta- 

miento is 51 

76. This was an Ayuntamiento for the Pueblo 52 

77. A complete Pueblo existed at San Francisco — a.d. 

1835 53 

78. The Ayuntamiento of San Francisco ask for their 

Ejidos and Propios to be assigned — a.d. 1835, 
June 53 

79. The political authorities prepare to secularize the 

Missions. The real object of secularization. It 
is attempted and suspended, but the Missions 
ruined meanwhile — a.d. 1835 54 

80. The Governor of California begins to grant sitios or 

ranchos from the Pueblo Lands 55 

81. Authority of the Governor to make grants of Pueblo 

Lands 55 

82. Galindo's espediente for the Laguna de la Merced — 

a.d. 1835 56 

83. The Ayuntamiento of the Pueblo of San Francisco 

had the power to grant solares, or building lots, 
and suertes, or lots for cultivation — 1835 57 

84. The last proposition above stated is decisive of the 

question 58 

85. The Ayuntamiento of San Francisco had the power 

to grant solares to the vecinos of the Pueblo ... 59 

86. Survey of the Buri-Buri Rancho— 1835-1836 59 

87. The Ayuntamiento of the Pueblo of San Francisco 

grant building lots to Richardson and others — 
a.d. 1836 60 

88. De Haro's espediente for the Rancho San Pedro. ... 61 



SERIAL INDEX TO THE ARGUMENT. XXvii 



PAGE. 



89. Suspension of the Ayuntamiento of San Francisco : 

Justices of the Peace succeed the Ayuntamiento 
— a.d. 1838 62 

90. Why the Ayuntamiento ceased to exist 62 

91. Scattering of the population 63 

92. The Pueblo of San Francisco still existed 64 

93. Alvardo's regulations respecting Missions — a.d. 1839, 

January and March 64 

94. No jail in San Francisco — 1839, February 64 

95. Constitutional elections for 1839-1840— a.d. 1839 . . 65 

96. Guerrero, Justice of the Peace, promulgates certain 

ordinances for the government of the Pueblo of 
San Francisco— 1839, May 20 65 

97. Espediente of Leese for the Rancho La Visitacion — 

a.d. 1839 66 

98. Building lots are granted to settlers at the establish- 

ment of the Mission of Dolores— 1839, Nov'r 3 66 

99. This communication without effect 66 

100. Other grants of Pueblo Lands— a.d. 1839, etc 67 

101. List of Foreigners in San Francisco in 1840 — a.d. 

1840, May 20 68 

102. Bernal's espediente for the Rancho Las Salinas — a.d. 

1840 , 69 

103. Governor's Message respecting Ayuntamientos, Pro- 

pios, Ejidos, Justices, etc — a.d. 1840, February 
16 70 

104. Miramontes, Vice-Justice of the Peace at Dolores re- 

signs his office — a.d. 1841, August 8 70 

105. The Pueblo of San Francisco had a complete fiscal or- 

ganization — Fuller, Syndic — a.d. 1842, January 71 

106. Census of San Francisco in 1842— a.d. 1842, Oc- 

tober 31 71 

107. Condition of the Missions at that time 72 

108. An attempt made to restore the Missions — a.d. 1843, 

March 29 73 

109. Mexican Constitution of 1843— a.d. 1843, June 73 

110. Alcaldes ordered to be elected for the Pueblo of San 

Francisco — a.d. 1843, November 74 

B 



XXV111 SERIAL INDEX TO THE ARGUMENT. 

SECTION. PAGE. 

111. San Francisco, the Port of San Francisco, and Yerba 

Buena were all the same — a.d. 1844 74 

112. De Haro's espediente for the Potrero Nuevo. Gov- 

ernor Micheltorena's partial restoration of the 
Missions in 1843 — a.d. 1844, April 74 

113. Maps of Yerba Buena approved by the Governor ... 75 

114. The inhabitants of the Mission of Dolores [of San 

Francisco] complain that their settlement has 
never been recognized as a Pueblo, and ask the 
Governor to extinguish the name of Mission, and 
declare it a Pueblo for the future. The Governor 
declines to act — a.d. 1844, April 76 

115. The Government officially extinguish the Mission of 

Dolores and offer it for sale, but do not erect it 
into a Pueblo — a.d. 1845, May and October. ... 76 

116. The gradual extinction of the Mission of Dolores. ... 77 

117. Authentic record of an inquest of office by which the 

extinction of the Mission was declared in all legal 
form 78 

118. Attempt to revive the Mission of Dolores for the 

purposes of this suit 79 

119. Espediente of Benito Diaz for the Point of Lobos — 

a.d. 1845, May 80 

120. Noe's Espediente for the Rancho San Miguel — a.d. 

1845, December 81 

121. Andrade's Espediente for the orchard and tannery of 

the Mission Dolores— a.d. 1846, May . 81 

122. Guerrero and Fitch's Espediente for the Mountain 

Lake and Lobos Creek tract — a.d. 1846, May. . 82 

123. The preceding grants of farming lands effectually de- 

fined the limits of Pueblo lands 83 

124. Review of the general results of the Mission scheme . 84 

125. Effect of the ruin of the Missions. General demoral- 

ization and ruin. Indian depredations. Mexico- 
Californian Vigilance Committees 85 

126. The United States conquer California, but continue 

its civil organization — a.d. 1846-1849 . 87 



SERIAL INDEX TO THE ARGUMENT. XXIX 



PAGE. 



127. General Kearney, Military Governor of California, 

recognizes the Corporate Town of San Francisco, 
and grants it beach and water lots— : a.d. 1847, 
March 88 

128. The citizens of San Francisco institute a District 

Legislature — a.d. 1849, March 89 

129. Governor Riley, Military Governor, repudiates the 

" Legislative Assembly of San Francisco." 89 

130. Governor Riley, United States Military Governor of 

California, restores the Ayuntamiento of the Pu- 
eblo of San Francisco 90 

131. The Legislature of California recognizes the Pueblo 

of San Francisco — a.d. 1850, April 92 

132. The authorities, the citizens, and the Legislature have 

faith in a Pueblo of San Francisco 93 

133. Creditors of the city who had obtained judgments on 

their claims issue executions, etc . .- 94 

134. Recapitulation of the argument. Propositions of the 

claimants 95 

135. The law would have presumed all the substantial facts 

which the preceding narrative has established . . . 100 

136. The United States create a Commission to ascertain 

and settle private land claims in California — 
a.d. 1851 101 

137. Analysis of section fourteen of that Act 102 

138. The whole question already decided by the Supreme 

Court of the State of California 103 

139. Resume 105 

140. The question of the final disposition of the Pueblo 

lands is not to be considered in this case 105 

* Miscellaneous Notes 106 



SERIAL INDEX TO THE ADDENDA. 



NUMBER. PAGE. 

I. Ordinance of Don Philip II, King of Spain, assigning 
four square leagues of land to contractors for the foundation of 
new settlements 1 

II. Ordinance of Don Philip II, King of Spain, assigning 
four square leagues of land to new settlements, composed of 

not fewer than ten married men 2 

III. Extracts from " the instructions to be observed bj 
the Commandant appointed to the new establishments of San 
Diego and Monterey," given by El. Bailie Friar Don Antonio 
Bucareli y Urusu, dated Mexico, 17th August, 1772 2 

IV. Extract from the regulations for the government of 
the Province of California, by Don Felipe De Neve, Governor 
of the same, dated in the Royal Presidio of San Carlos de Mon- 
terey, and approved by his Majesty in a royal order of the 
24th October, 1781 8 

V. Establishment of the Pueblos of San Jose' and Los 
Angeles 8 

VI. Opinion of Galindo ISTovarro, Attorney General in 
1786, enforcing the claim of the Pueblos -to four square 
leagues of land 9 

VII. Plan of Pitic 11 

VIII. Recognition by the Viceroy of the right of Pre- 
sidial Pueblos to four square leagues of land — a.d. 1791. ... 17 

IX. Report of Don Pedro de Alberni, who had been or- 
dered by the Governor to make a careful examination of the 
country, and to report the most suitable location for. the Villa 

of Branciforte, ordered to be established by the Viceroy .... 18 



XXX11 SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

X. Decree of the Spanish Cortes of May 23d, 1812. 
Formation of the Constitutional Ayuntamientos 18 

XI. Decree of the Cortes of Spain on the fourth of Jan- 
uary, 1813. On reducing the vacant land (baldios) and 
other common lands to private property, cultivable lots to be 
granted to the defenders of the country, and to citizens who 

are not proprietors 20 

XII. Decree of the Mexican Congress of the 18th of 
August, 1824, respecting colonization 23 

XIII. Governor Echandia decides that Commandants of 
Presidios cannot grant lands — November 6th, 1828 24 

XIV. General rules and regulations for the colonization of 
territories of the republic. Mexico, November 21, 1820^. . . 25 

XY. Decree of the Mexican Congress for the secularization 
of the Missions of California— a. d. 1833 26 

XVI. Governor Figueroa to Commandante Vallejo, at the 
Presidio of San Francisco, on the subject of Ayuntamientos — 
a.d. 1835 27 

XVII. Governor Figueroa's decree of August 6th, 1834, 
respecting Constitutional Ayuntamientos 28 

XVIII. Decree of Governor Figueroa, respecting town 
property, municipal taxes, etc. August 6th, 1834 29 

XIX. Governor Figueroa's provisional rules for the secu- 
larization of the Missions, August 9th, 1834 31 

XX. Regulations by the Departmental Assembly of the 
Missions which had been secularized, Nov. 3d, 1864 34 

XXI. Order for the election of an Ayuntamiento for the 
Partido of San Francisco, and election of the same, December, 
1834 35 

XXII. Approval of the choice of Alcalde for Contra 
Costa, by Governor Figueroa, January 31st, 1835 36 

XXIII. Order of Governor Figueroa for the election of 
an Ayuntamiento for the Pueblo of San Francisco, January 
31st, 1835 37 

XXIV. Governor Figueroa decides, August 6th, 1835, 
that the distribution of house lots and sowing lots, at San 
Francisco, does not belong to the Ayuntamiento 37 



SERIAL INDEX TO THE ADDENDA. XXXlii 

NUMBER. PAGE. 

XXV. Espediente relative to the place called Laguna de 
la Merced, near San Francisco, solicited by Jose' Antonio Ga- 
lindo. August to September, 1835 38 

XXVI. The Ayuntamiento of San Francisco authorized 
to grant building lots by the Governor and Territorial Deputa- 
tion, October, 1835 42 

XXVII. Summons to the Mayordomo of the Mission of 
Dolores to settle the boundaries of the Buri-Buri Rancho, No- 
vember 2d, 1835 ' 43 

XXVIII. Suspension of the secularization of the Missions, 

by Mexican decree of the 7th November, 1835 43 

XXIX. Record of the proceedings had by the residents 
in the vicinity of San Francisco, praying that they might be 
allowed to belong to the jurisdiction of San Jose Guadalupe — 
a.d. 1835 44 

XXX. Election of Electors of the Ayuntamiento in the 
Pueblo of San Francisco, in December, 1835 .. 47 

XXXI. Espediente of De Haro for the Rancho San Pe- 
dro, near San Francisco, March 7th, 1836 48 

XXXII. Order for the resurvey of the Buri-Buri Rancho, ' 
March 15th, 1836 49 

XXXIII. Expediente of the Presidial Pueblo of Monterey 
respecting its ejidos, or suburbs — March, 1836 49 

XXXIV. Grant of land by the Ayuntamiento of San 
Francisco to William Richardson, in 1836 53 

XXXV. Election for the Ayuntamiento of San Francisco 

of 1838 53 

XXXVI. Grant of land near the Presidio of San Fran- 
cisco by Francisco Sanchez, Military Commandant, to Apolo- 
nario Miranda, November 16, 1838 54 

XXXVII. Governor Alvarado's regulations respecting 
Missions, January, 1839 , 55 

XXXVIII. Governor Alvarado's order for Constitutional 
Elections, January 17th, 1839 57 

XXXIX. Governor Alvarado's regulations respecting 
Missions, March, 1839 57 

XL. Petition for building lots in Yerba Buena referred to 
Governor, February 27th, 1839 60 



XXXIV SERIAL INDEX TO THE ADDENDA. 

UMBER. PAGE. 

XLI. No jail in San Francisco in February, 1839 61 

XLII. Alcalde De Haro to Governor Alvarado. Report 
of petition of Felipe Gomez for lot in Dolores, April 20th, 1839 . 61 

XLIII. Guerrero, Justice of the Peace of San Francisco, 
proclaims certain municipal laws for the government of the 
Pueblo of San Francisco, May 26th, 1839 62 

XLIV. Guerrero, Justice of the Peace of San Francisco, 
to Prefect Castro, about solares at the Mission, July 15, 1839 63 

XLV. Guerrero, Justice of the Peace, nominates to the 
Prefect, Juan Fuller, as Syndic of San Francisco, July 20, 1839 63 

XLVL Espediente had by Citizen Cornelio Bernal, on ap- 
plication for the place called Las Salinas, near San Francisco, 
in a.d. 1835-1810 64 

XL VII. Espediente of Leese for the Rancho La Visitation, 
near San Francisco, November, 1830 67 

XLVIII. Castro, Prefect, to the Governor, concerning 
lots at the Mission Dolores, November 25, 1839 68 

XLIX. Certificate and grant of fifty-varas at the Canutal, 
by Guerrero, Justice of the Peace 69 

L. Extracts from the Message of the Governor, February 
16th, 1840, respecting the propios and ejidos of the Pueblos . . 70 

LI. List of foreigners in San Francisco, May 20, 1840 . . 72 

LII. Castro, Prefect, to Secretary of State, about lots at 
the Mission of Dolores, April 6, 1851 74 

LIII. Miramontes, Justice of the Peace at the Mission of 
Dolores, asks to be released from his office, August 18th, 1841 74 

LIV. Accounts of Fuller, Syndic of San Francisco, from 
1839 to 1842 75 

LV. Census of San Francisco in 1842 78 

LVI. Governor Micheltorena's proclamation respecting the 
Missions, March 29, 1843 83 

LVII. Order for election of Ayuntamientos and Alcaldes, 
November 14, 1843 84 

LVIII. Secretary of State to Alcalde of the Port of San 
Francisco, January 20, 1844 85 

LIX. The Governor addresses the same officer as Alcalde 
of Yerba Buena and Alcalde of San Francisco, March 3d, 1844 SQ 



SERIAL INDEX TO THE ADDENDA. XXXV 

NUMBER. PAGE. 

LX. Espediente of. the De Haro's for the Potrero Nuevo 
de San Francisco 86 

LXI. Election of First Alcalde of San Francisco in 1844 88 

LXIL Decree of the Departmental Assembly of May 28th, 
1845, respecting the renting of some of the Missions, and 
converting others into Pueblos, etc 88 

LXIIL Proclamation for the sale of the Missions, October 
28th, 1845 90 

LXIY. Espediente of Noe for the Rancho San Miguel, at 
San Francisco, a.d. 1845 92 

LXV. Sub-Prefect Guerrero instructs the Judge of First 
Instance of the Port of San Francisco respecting the defalca- 
tion of Syndic Sherreback, February 7, 1846 96 

LXVI. Petition of Fitch and Guerrero for lands near the 
Presidio of San Francisco, May 13, 1846 95 

LXVII. Comparative table of the Missions of Upper Cal- 
ifornia, under the religious administrations in 1834, and under 
the civil administration in 1842 97 

LXVIII. Statement showing respectively the names of all 
the Indian Pueblos in New Mexico, with their localities, popu- 
lations, wealth, etc., and the time when their land claims were 
confirmed by Congress, and when surveyed, and the areas 
thereof 98 

LXIX. Extracts respecting Prefects, Sub-Prefects, Ayun- 
tamientos, Alcaldes, and Justices of the Peace, from the 
Sixth Constitutional Law of Mexico, adopted December 29th, 
1836 100 

LXX. Espediente of Benito Diaz, for the Point of Lobos, 
at San Francisco — a.d. 1845 101 

LXXI. The inhabitants of the Mission of (Dolores of) San 
Francisco complain that their settlement has never been re- 
cognized as a Pueblo, and ask the Governor to extinguish the 
name of Mission, and declare it a Pueblo for the future. The 
Governor declines to act — a.d. 1844 102 

LXXII. General Kearny, Military Governor of California, 
recognizes the Corporate Town of San Francisco, and grants 
it beach and water lots — a.d. 1847 104 



XXXVI SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

LXXIII. The citizens of San Francisco institute a " Dis- 
trict Legislature."— a.d. 1849, March 104 

LXXIV. General Riley, Military Governor of San Fran- 
cisco, disapproves of the " Legislative Assembly of San Fran- 
cisco."— a.d. 1849, June 4 107 

LXXV. Governor Riley, United States Military Governor 
of California, restores the Ayuntamiento of the Pueblo of San 
Francisco, June 5th, 1849 . .' 108 

LXXVI. Comparative table of the population of the Pu- 
eblo of San Francisco and of the Mission of Dolores — a.d. 
1794 to 1841 110 

LXXVII. Early officers of San Francisco — a.d. 1836 to 
1850 Ill 

LXXVIII. Schedule of grants by municipal authorities of 
San Francisco, between the year 1835 and July 7th, 1846 . . 113 

LXXIX. Colonial Governors of California, from the first 
Spanish Governor on record to 1849 115 

LXXX. The " Zamorano Document," purporting to estab- 
lish the boundaries of the Pueblo of San Francisco, November 
4th, 1834 116 

LXXXI. A petition of the City of San Francisco, filed 
in the United States Land Commission for California, for the 
confirmation to it of four leagues of Pueblo land. Filed July 
2d, 1852 119 

LXXXII. United States Land Commission for California. 
Claim for four leagues of Pueblo Lands. Opinion of the ma- 
jority of the Board confirming the claim to Pueblo Lands .... 121 

LXXXIII. United States Land Commission for California. 
Claim for four leagues of Pueblo lands. Dissenting opinion of 
Commissioner Alpheus Felch 148 

LXXXIY* United States Land Commission for California. 
Decree of confirmation. Filed December 21st, 1854 159 

LXXXV. Expediente of the first public land grant in 
Upper California.— 1775 160 

LXXXVI. Copy of original Spanish land grants contained 
in a book entitled " Blotter of Francisco Guerrero while Al- 
calde at various times, 1839-1843," of record in the record- 
er's office of the County of San Francisco 162 



SERIAL INDEX TO THE ADDENDA. XXXvii 

NUMBER. PAGE. 

LXXXVII. Appeal of the City of San Francisco from 
the decree of the U. S. Land Commission, confirming certain 
lands to said city. Filed August 29, 1854 171 

LXXXYIII. Appeal of the United States from the decree 
of the United States Land Commission, confirming certain 
Pueblo lands in said city. Filed June 2d, 1856 171 

LXXXIX. Dismissal by the United States of their appeal 
from the decree of the United States Land Commission, which 
confirmed certain Pueblo lands to said city. Filed March 30, 
1857 172 

XC. Document purporting to be a grant of lands in San 
Francisco to Jose y Limantour, by Governor Micheltorena, 
Dated February 27, a.d. 1843. Rejected by U. S. District 
Court, arid no appeal taken. (See 1 Hoffman's Reports, 289.) 173 

XCI. Document purporting to be a grant of the Islands 
Farallones, Alcatraz, Yerba Buena, and other lands adjacent 
to the City of San Francisco, to Jose' y Limantour, by Gov- 
ernor Micheltorena, dated December 16, 1843. Rejected by 
U. S. District Court, and no appeal taken. (See 1 Hoffman's 
Reports, 389.) 174 

XCII. Document purporting to be a grant of three square 
leagues of land, in and about the Mission Dolores, to Pruden- 
cio Santillan, by Governor Pico, February 10, 1846. Rejected 
by the Supreme Court of the United States. (See 23 How- 
ard, 321.) 175 

XCIII. Document purporting to be a grant of a tract of 
land six hundred var as square, at the Mission Dolores, to Jose 
Andrade, May 6, 1846. Rejected by U. S. District Court, 
a.d. 1864, and pending on appeal to Supreme Court of the 
U. S 176 

XCIY. Royal Instruction of October 15, 1754 177 

XCY. . Expediente of Pedro Sherrebeck for eight hundred 
varas square, on Rincon Hill, in San Francisco, Nov'r 1845 . 178 

XCYL Document purporting to be a grant of one square 
league of land in the vicinity of San Francisco, made by 
Governor Micheltorena, and bearing date August 14th, 1844. 179 

XCYII. Expediente instituted by Citizen Joaquin Pina^ 
soliciting the place named Punta de Los Lobos, in the juris- 
diction of San Francisco, year 1845 180 



XXXV111 SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

XCVIII. Espediente of Jacob P. Leese and Salvador 
Vallejo for a tract of land 200 x 400 varas, at the landing 
place in Yerba Buena. Dated May 21st, 1839. Finally 
confirmed and patented 183 

XCIX. Record of the proceedings instituted by the citizen 
Jose De Jesus Noe, claiming a small tract of land called " Las 
Camaritas," situate in San Francisco — a.d. 1840 185 

C. Espediente instituted by Don Juan Castro for the Is- 
land of Yerba Buena, situate in the Bay of San Francisco, 
November 8th, 1838 187 

CI. Espediente instituted by Don Antonio Maria Osio, for 
the Island of Los Angeles, situate in the Bay of San Francis- 
co, February 19, 1838 188 

CII. Claim of lands purporting to have been granted by 
Juan B. Alvarado, Governor of the Department of Upper 
California, to Robert Elwell, in 1842 or 1843 189 

CIII. Ordinances of the Common Council of the City of 
San Francisco, passed in 1850, commonly called the Sinking 
Fund Ordinances 189 

CIV. Conveyance by the City of San Francisco of certain 
of its property and real estate to the " Commissioners of the 
Sinking Fund," pursuant to the Sinking Fund Ordinances of 
1850, which are set out in the Addenda, No. CIII. Dated 
December 25, 1850 192 

CV. Power of attorney executed by Talbot H. Green, one 
of the Commissioners of the Sinking Fund, to John W. Geary, 
authorizing said Geary to convey to such uses as the Legisla- 
ture should appoint, all the right, title, interest, and estate 
held by said Green, as one of the Commissioners of the 
Sinking Fund. Dated April 16, 1851 195 

CVI. Extracts from Laws of the State of California, de- 
voting the lands of the City of San Francisco to the payment 
of its public debts 197 

CVII. Conveyance by the Commissioners of the Sinking 
Fund to the Commissioners of the Public Debt of the City of 
San Francisco of certain property of said city, pursuant to the 
Funding Act of May 1st. Dated May 17th, 1851 199 



SERIAL INDEX TO THE ADDENDA. xxxix 

NUMBER. PAGE. 

CVIII. An Act of Congress to ascertain and settle the 
private land claims in the State of California. Passed March 
3, 1831 203 

CIX. Description of lands, messuages, tenements, and 
their appurtenances, situated in the City and County of San 
Francisco, and patented to Joseph Sadoc Alemanny, Roman 
Catholic Bishop of Monterey, as successor of the former Ro- 
man Catholic Bishop of California, as Corporation Sole, repre- 
senting the Roman Catholic Church in that behalf 206 

CX. Extracts from the published printed proceedings of 
the Ayuntamiento of San Francisco for the years 1849, 1850, 
showing an assertion of the claim of the Pueblo of San Fran- 
cisco for its Pueblo lands by the Ayuntamiento, the Alcaldes, 
the Citizens, the Prefect, and the Governor of California — 
a.d. 1849 209 

CXI. Laws of the United States, authorizing the entry of 
public lands in the Land Offices of the United States, in trust, 
for the benefit of the inhabitants of towns, villages, and cities. 214 

CXII. An Act of the Legislature of the State of Califor- 
nia, approved March 11, 1858, confirming certain ordinances 
of the Common Council of the City of San Francisco, passed 
in the year 1855 and 1856, and commonly called, in the ag- 
gregate, " The Van Ness Ordinance,'' relating to the disposi- 
tion of certain lands therein mentioned, and claimed, or to be 
claimed, as the patrimony of the citizens of the City of San 
Francisco 216 

CXIII. Reservations made by the authorities of the Uni- 
ted States, for the use of the Federal Government, of lands 
situate within and near the Peninsula of San Francisco, and 
not included in the confirmation of four leagues of land to the 
City of San Francisco 221 

CXIV. Order transferring the case of the City of San 
Francisco vs. the United States, from the District Court of the 
United States for the Northern District of California, to the 
Circuit Court of the United States for the same district 223 

CXV. Opinion of Mr. Justice Field, of the United States 
Circuit Court, confirming the claim of the City of San Francisco 
for four leagues of Pueblo lands, filed October 31st, 1864. . 224 



xl SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

CXVI. Decree of the United States Circuit Court, en- 
tered November 2d, 1863 234 

CXVII. Appeal of the United States from the decree of 
confirmation in the United States Circuit Court, November 2d, 
1864 234 

CXVIII. Notice of motion on the part of John B. Wil- 
liams, Esq., special counsel of the United States, to vacate 
the order allowing the appeal from the decree of the Circuit 
Court to the Supreme Court of the United States, confirming 
the claim of the City of San Lrancisco to its Pueblo lands, to 
open said decree, and grant a rehearing 235 

CXIX. Affidavit of John B. Williams, Esq., special coun- 
sel for the United States, referred to in the foregoing notice, 
and used by him on the motion 236 

CXX. Notice of motion, on behalf of the United States, 
to vacate the order of appeal and open for rehearing the de- 
cree made in October, 1864, confirming four leagues of 
Pueblo lands to the City of San Francisco 239 

CXXI. Statement of the U. S. District Attorney on mo- 
tion to vacate the appeal from decree of Circuit Court, and to 
grant a rehearing, filed May 3d, 1865 240 

CXXII. Affidavit of the Clerk of the United States Cir- 
cuit Court, read on the motion to vacate the appeal from 
decree of Circuit Court, and to grant a rehearing, filed May 
3d, 1865 242 

CXXIII. Opinion of Mr. Justice Field, of the United 
States Circuit Court, denying the motion to open the decree 
confirming the claim of the city, and for a rehearing, filed 
May 11th, 1865 243 

CXXIV. Order entered May 11th, 1865, in the Circuit 
of the United States, refusing motion to open decree or grant 
a rehearing in the Pueblo Case, but staying the entry of final 
order in this behalf, for the purpose of modifying the final 
decree 248 

CXXV. Final order of the United States Circuit Court, 
denying the motion of the United States to open, for a rehear- 
ing of the case, the decree confirming the claim of the City of 
San Francisco to the Pueblo lands, but ordering, for want of 



SERIAL INDEX TO THE ADDENDA. xli 

NTTMBEE. PAGE. 

conformity of the decree entered to the decision expressed in 
the opinion filed at the time, that the decree be vacated, and 
a new decree entered. Order entered June 18th, 1865 .... 249 

CXXVI. Final decree confirming the claim of the City of 
San Francisco to its Pueblo lands, entered May 18th, 1865 . . 250 

CXXVII. Motion of the respective parties for an appeal 
from the final decree of the Circuit Court of the United 
States, confirming the claim of the City of San Francisco to 
four leagues of Pueblo lands, May 18th, 1865 251 

CXXVIII. Opinion of Mr. Justice Field of the United 
States Circuit Court, denying the motions for an appeal to the 
Supreme Court of the United States from the decree of the 
Circuit Court of the United States, confirming the claim of 
the City of San Francisco to four leagues of Pueblo lands, 
filed May 29th, 1865 251 

CXXIX. Order entered in the Circuit Court of the United 
States denying the motions for appeals to the Supreme Court 
of the United States from the decree confirming the claim of 
the City of San Francisco to four leagues of Pueblo lands, en- 
tered May 29th, 1865 255 

CXXX. Act of Congress of July 1st, 1864, ceding to the 
City of San Francisco all the right, title, and interest of the 
United States in the lands embraced within the corporate limits 
of said city, as defined by the city charter of 1851, for the 
uses and purposes specified in the Van Ness Ordinance, and 
also authorizing claims for Pueblo lands to be transferred from 
the United States District Courts to the United States Circuit 
Courts, and also regulating surveys of certain lands 255 

CXXXI. Government reserves laid out at Rincon Point, 
and from the beach and water lots granted to the Town of San 
Francisco, by General S. W. Kearny, Military Governor of 
California, as set forth, ante, Addenda No. LXXII, p. 104 . . 258 

CXXXII. An Act to provide for the disposition of certain 
property of the State of California, passed March 26, 1851, 
(Laws 1851, ch. 41, page 307,) commonly called " The First 
Water Lot Bill." 265 



xlii SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

CXXXIII. An Act in relation to the City of San Fran- 
cisco, passed May 1st, 1851, (Laws 1851, ch. 44, p. 311,) 
commonly called " The Second Water Lot Bill." 267 

CXXXIV. Act of the Legislature of California, passed 
May 1st, 1851, to confirm a contract for building Pacific 
Street Wharf, between the Commissioners of the Funded Debt 
and M. R. Roberts and Joseph R. West 268 

CXXXY. Act of the Legislature of California, passed 
April 28th, 1851, to confirm a contract for building Market 
Street Wharf and California Street Wharf, between the Com- 
missioners of the Funded Debt, H. A. Breed and William E. 
Dennis 268 

CXXXVI. First Act for the sale of State's interest in 
San Francisco water front of May 18th, 1853 269 

CXXXVII. Second Act for sale of State's interest in 
San Francisco water front, of May 1st, 1855 273 

CXXXVIII. Third Act for sale of State's interest in 
San Francisco Water Front, passed April 12th, 1858 274 

CXXXIX. Fourth Act for sale of State's interest in San 
Francisco water front, but relating wholly to the so-called City 
Slip Property, passed April 26th, 1858 275 

CXL. An Act authorizing the City and County of San 
Francisco to convey lands to the United States, at Point Lo- 
bos, for a light house, of March 17th, 1858 277 

CXLL An Act legalizing certain conveyances made by 
a majority of the Commissioners of the Funded Debt of 
the City of San Francisco, passed April 14th, 1857 277 

CXLIL An Act authorizing the Governor of California to 
execute a conveyance on behalf of the State to the United 
States of the lands in San Francisco, known as the Custom 
House Block, passed May 3d, 1844 278 

CXLIII. An Act giving the consent of the Legislature of 
the State of California to the purchase by the United States 
of land within this State for public purposes, passed May 
27th, 1852 281 

CXLIY. An Act to legalize certain conveyances of the 
Commissioners of the Sinking Fund of the City of San Fran- 
cisco, passed March 25th, 1858 282 



SERIAL INDEX TO THE ADDENDA. xliii 

NUMBER. PAGE. 

CXLV. An Act to authorize the Commissioners of the 
Funded Debt of the City of San Francisco to finally settle 

claims to certain real estate, passed April 14th, 1862 282 

CXLYI. The Van Ness Ordinance, with all the proceed- 
ings had upon the same 285 

CXLVIL Patent from the State of California to Felix 
Argenti, of certain lands at the Presidio of San Francisco, 
under certain claims called " School Land Warrants," dated 

March 1st, 1854 297 

CXLVIII. Conveyance of the United States Hospital Lot, 
and other property at Rincon Point, to the United States. 299 

CXLIX. Conveyance of lands to the " San Francisco Or- 
phan Asylum Society," generally called the " Protestant 

Orphan Asylum ' 301 

CL. Notice of application to the Supreme Court of the 
United States, on the part of the United States, for a manda- 
mus commanding the Judges of the Circuit Court of the Uni- 
ted States, in and for the Northern District of California, to 
allow an appeal to the Supreme Court of the United States 
from the decision of the said Circuit Court in the Pueblo Case. 302 

CLI. Opinion of the Supreme Court of the United States 
on its decision awarding a mandamus to allow an appeal in the 

Pueblo Case 305 

CLII. Dissenting opinion of Justices Field, Grier, and Mil- 
ler from the decision of the Supreme Court of the United 
States, awarding a mandamus for an appeal in the Pueblo 

Case 308 

CLIII. An Act to quiet the title to certain lands within the 
corporate limits of the City of San Francisco, March 8th, 1866 313 

CLIV. Decree of March 20th, 1837, giving Prefects the 
power to dispose of Pueblo lands, from Arrillaga, Recopilacion 

de Leyes de 1837, pages 202-217 314 

CLV. Grant of four hundred varas square, at the Mission 
Dolores, by Governor Gutierrez, to Francisco Guerrero, No- 
vember 3d, 1836 314 

CLYI. Grant of two hundred and fifty varas square, at 
the Mission Dolores, by Manuel Castro, Prefect, to Francisco 

de Haro, June 2d, 1846 315 

c 



xllV SERIAL INDEX TO THE ADDENDA. 

NUMBER. PAGE. 

CLVII. The City Slip Property 316 

CLVIII. Mandate of the Supreme Court of the United 
States ordering an appeal to be allowed from the decree of the 
Circuit Court, confirming the claim of the City of San Fran- 
cisco to its Pueblo lands, dated January 29th, 1866 319 

CLIX. Order of the Circuit Court of the United States, 
of the Tenth Circuit, in and for the Northern District of the 
State of California, allowing an appeal, on the part of the Uni- 
ted States, from the decree in the Pueblo Case, on June 12th, 
1866 320 

CLX. Grant of four hundred varas square, at the Mission 
Dolores, by the Hon. Horace Hawes, Prefect of San Fran- 
cisco, to Edward Carpenter. Date, January 20th, 1850. . . . 321 

CLXI. Chap. DXXV. — An Act to authorize the Com- 
missioners of the Funded Debt of the City of San Francisco 
to compromise with adverse claimants to certain lots, approved 
April 2d, 1866. Laws 1855-6, page 686 322 

CLXII. An Act to provide for the sale of the Marsh and 
Tide Lands of this State, approved May 14th, 1861 323 

CLXIII. References to Grants, Legislative, Executive, and 
other Acts, affecting, or which may be claimed to affect, the 
landed property within the City of San Francisco 324 

CLXIY. Portion of an Act of Congress, entitled " An Act 
to appropriate the proceeds of the sales of public lands, and to 
grant pre-emption rights," approved September 4th, 1841, 
under which the State of California derives her title to 
500,000 acres of public lands, which were afterwards devoted 
to the support of Common Schools and the erection of Public 
Buildings, by the Legislature of California, and under which 
School Land Warrants were issued by the State. 5 U. S. 
Statutes at Large, page 19, chap. 84 ... 336 

CLXV. The so-called "Arkansas Swamp Land Act," 
approved September, 28th, 1850, under which the State of 
California derives her title to the swamp and overflowed lands 
within her limits 337 

CLXVI. "Las Leyes Vigentes" — Municipal Laws of 
Spain and Mexico, surviving the Mexican Revolution of 
1821, and the American Conquest of California 338 




CLXXI — Bis. Final Order made by the United States 
Circuit Court for California, dismissing the appeals taken from 
the decision of said Court in the Pueblo Case, pursuant to 
mandates from the Supreme Court of the United States, Feb- 
ruary 4, 1867 366f 

CLXXIL The Outside Land Order introduced by Super- 
visor R. P. Clement, and passed by the Board of Supervisors ; 
approved, October 12th, 1866 363* 

CLXXIII. The Land Order introduced by Supervisor 
Frank McCoppin, and passed by the Board of Supervisors ; 
approved, December 22nd, 1866, commonly called the Mc- 
Coppin Order 367* 



SERIAL INDEX TO THE ADDENDA. xlv 

KXTMBER. PAGE. 

CLXVII. Letter of the Attorney General, communicat- 
ing, in compliance with a Resolution of the United States 
Senate, of the seventeenth of January, 1866, information rela- 
tive to the case of the United States vs. The City of San 
Francisco 343 

CLXVIII. The San Francisco Outside Land Bill, passed 
by the Legislature of 1865-6, and vetoed by the Governor . . 346 

CLXIX. Veto of the Governor of California, of the Out- 
side Land Bill, in the next preceding Addendum, April 2d, 
1866 352 

CLXX. Consideration of the final question ; what are the 
sources of title to the Municipal Lands of the City and 
County of San Francisco ? By whom can said lands be dis- 
posed of? And in what manner ? 356 

CLXXI. Order made by the United States Circuit Court 
for California, allowing the city an appeal in the Pueblo Case, 
September 3d, 1866 365 



^ BUENA IS 
Yerba Buena, or 
San Francisco. 
RINCON PT 



AVISADERG 




THE PENINSULA OP SAN FRANCISCO. 



NARRATIVE ARGUMENT. 



STATEMENT OF THE CASE. 



§ 1. This is a claim by the City of San Francisco for four leagues 
of Pueblo or town lands, including the present site of the City, and 
the lands immediately adjacent sufficient to make up that quantity. 
The claim was originally presented for confirmation to the Board of 
Land Commissioners of the United States for California, created 
under an act of Congress, entitled " An Act to Ascertain and Settle 
Private Land Claims in the State of California," passed March 3d, 
1851. See the Act, Addenda, page 203, No. CVIII, and the peti- 
tion of the city filed with the Board, Addenda, page 119, No. 
LXXXI. The Board confirmed the claim, but not to the full extent, 
there being evidence before them which satisfied them that the south- 
ern boundary of the Pueblo had been fixed by the Mexican govern- 
ment. See the Addenda, pp. 121, 159, Nos. LXXXII-LXXXIV ; 
page 116, No. LXXX. From this decision the City of San Fran- 
cisco appealed to the District Court of the United States for the 
Southern District of California ; and the case was afterwards trans- 
ferred to the Circuit Court of the United Strtes for California, pursu- 
ant to an act of Congress, authorizing such transfer. Addenda, page 
171, No. LXXXVII, Id. page 223, No. CXIV. The law and the 
facts upon which this claim is based, are stated in the two following 
propositions : 

" First : On the seventh day of July, in the year 1846, and long 
"before that time, there existed, within the Northern limits of the 
"present City of San Francisco, a Hispano-Mexican Pueblo or town, 
" which, by virtue of the ancient written laws of Spain and Mexico, 
"was vested in proprietorship, in trust for the inhabitants thereof, 
" with four leagues of land, including the site of the said Pueblo 
" or town, and the lands in the immediate vicinity of the same. 

" Secondly : That the said four leagues of land are to be deter- 
" mined by taking all the land included by the natural tide-water 
1 



Z MODERN MUNICIPALITIES OR COMMUNES. 

" boundaries of the northern portion of the peninsula uppn which 
" the present City of San Francisco is situated, and proceeding within 
" those natural boundaries south to a parallel of latitude, which, with 
" those natural boundaries, shall, when surveyed according to the 
" Spanish and Mexican laws, include the full quantity of four square 
" leagues." 

These two propositions will be discussed together. 

The United States, on the other hand, insist that there was never 
an organized Pueblo of San Francisco; that an attempt was made 
to convert the neighboring Catholic Indian Mission of Dolores into a 
Pueblo, but that it was never accomplished. 

A Historical Statement Necessary. 

§ 2. The discussion of this case cannot be confined to the pre- 
sentation of a few sharply-defined propositions. The history of the 
whole country of California is involved in that of the City of San 
Francisco. It will be remembered that the proposition of the United 
States is, that there never was a Pueblo or organized town of San 
Francisco, and that the claim of four leagues of lands for such Pue- 
blo is a modern invention, never heard of among the Hispano-Cali- 
fornian population, nor among the Anglo-Americans until within the 
last few years. On the other hand, it is contended, on the part of the 
City of San Francisco, that there was here a Pueblo of San Fran- 
cisco fully organized and in operation in its Political and Municipal 
capacity, and that to this Pueblo or town, as such, and without 
any special grant for that purpose, belonged four leagues of land, 
including its site, and the lands adjacent to it. To demonstrate the 
facts which sustain these last propositions requires an extended histori- 
cal disquisition, detailing the origin and progress of the Spanish Laws 
of Colonization which have from time to been in force in CaKfbr- 
nia, their gradual development and improvement, and their applica- 
tion to the colonial establishments which grew up under them. It will 
require a critical sketch of the development, decline and final extinc- 
tion of the plan of Catholic Missions among the Indians of Cali- 
fornia; of the system of Pure Pueblos ; and of the military estab- 
lishment of Presidios which were finally converted into Presidial- 
Pueblos. But before entering into this argument, it will be well to 
ascertain with precision the definition of certain terms which will be 
frequently employed in the discussion. 

Modern Municipalities or Communes. 

3. No portion of history is more interesting than that of the rise 
and development of modern Municipalities or Communes, or, in the 
better understood American terms, organized villages, cities or 
towns. At the same time no portion of history is more obscure. 
While it is evident that modern communes originated in the instinct 
of association and protection among the weak against the strong, the 



COMMUNES OF OLD SPAIN. 3 

indigenous conquered serf against his robber lord, — and became salient 
points of reaction for the democratic element in society against the 
aristocratic, — still the time, place and exact circumstances under which 
they were formed cannot be definitely ascertained, and are even diffi- 
cult of conjecture. As the darkness of the middle ages recedes before 
the dawn of the new civilization, the modern commune emerges from 
the obscurity, perfect and mature, but with unknown antecedents. It 
is only until lately that history has busied itself with these democratic 
organizations: formerly they were beneath its notice. It is highly 
indicative of the small value attached to the municipal institutions 
which lie at the base of the liberties of the British races, that in the 
histories of the English law, written by Hallam, Reeves, Crabbe, and 
Blackstone, we find no account whatever of the rise and development 
of the English commune, although the House of Commons {communes) 
has for more than a century and a half been the most powerful branch 
of the British Legislature. Robertson was the first writer of eminence 
who considered the subject worthy of his research and illustration ; 
Guizot and Thierry have exhausted the subject. Robertson's Charles 
V, Vol. 1, Proofs and Illustrations Notes XVI-XX; Guizot Hist, de 
la Civilization ; Thierry, le tiers-Etat ; Maddox, Firma Burgi, and 
Merlin, Questions de Droit, titres Commune et Communaux ; — may 
be consulted with interest and profit by the archaeologist, and even by 
the general reader, but the present discussion does not demand any 
critical research of that nature. 

Spain first originated a System of Communes, Burghs, or 
Local Municipalities. 

§ 4. As Spain was the kingdom under whose laws was first builfc 
up, codified and published a complete system of civilized and Christian 
law [Las Siete Partidas, enacted by Don Alfonso X in 1260,] so 
it was the country where the Communes, whether called cities, villas, 
or towns, first obtained a representation in the Cortes, the National 
Legislature. The Hispano-American Communes are legitimately 
descended from those of Spain, but although resembling them in many 
features, yet in others they differ from them almost as widely as it is 
possible for two species of the same class of plants or animals to differ 
from each other. Guizot specially notes this great difference between 
the colonies of Greece and Rome and those of modern Europe, that 
the founders of the former carried with them and planted in the new 
colony the political distinctions of class, and the social distinctions of 
rank, so that the new city was a complete copy of the parent one ; 
while the modern communes were all pure democracies, or nearly so. 
But the European commune, translated across the Atlantic, experienced 
the same enfranchisement which has attended most other civilized insti- 
tutions in the like transit. If we bear in mind that the Hispano- 
American colonies or pueblos were communes entirely sui generis, 
built up from an uniform basis, perfectly resembling each other in all 
their features, and wholly emancipated from the irregularities, uncer- 



4 TESTIMONY MOSTLY DOCUMENTARY. 

tainties, and servitudes which deformed European communes, and even 
prevented them from attaining the dignity of a System, we shall com- 
prehend in* the outset why so little of the law applicable to the Pueblos 
of Spain will be of use to us in this discussion, and also avoid the 
bewildering labyrinths of useless law-learning. For example : suppose 
a dozen European communes, — each a city of refuge from the exac- 
tions of titled robbers, — had established themselves in fact upon 
certain lands, — one holding the lands occupied by it as its own in full 
property ; another holding the same description of lands under a mere 
usurpment ; another in common with the neighboring lord; another 
in common with the adjoining bishop, or monastery, or convent, or 
church ; and others holding the same kind of property in trust for all 
comers ; — what uniform rule of property, what system, could be evolved 
from such an aggregation of exceptional cases ? Happily when we 
come to the Spanish Pueblos established in America, we shall find 
a Perfect System of Homogeneous Pueblos, sometimes differing in 
rank, but never in kind, or in organization. 

Difficulty in arguing the Case. 

§ 5. A serious difficulty in arguing the case arises from the fact 
that it has repeatedly been decided by the Supreme Court of the State 
of California. It could not be expected that land litigation should not 
attend the sudden growth of the City of San Francisco. Accordingly, 
the Supreme Court of the new State was called upon in the first year 
of its existence, to decide whether the Hispano-American town of San 
Francisco had such a proprietary interest in the lands lying within its 
limits as to constitute a source of title. This question was before that 
^tribunal for several years, with various elucidations and solutions, until 
finally, in the year 1860, in the case of^Iart vs. Burnett, 15 Cal. Rep. 
530, it was decided in the affirmative, after such thoroughness of 
research and force of argument as to render it almost impossible to 
treat the question again in a purely forensic manner. I propose, there- 
fore, to discuss the case in another manner, and to weave the proofs and 
illustrations into a chronological narrative of the History of the 
Pueblo or Town of San Francisco ; and I hope in this manner 
to construct a synthetic argument which shall lead conclusively to 
the same result that is reached by the admirable analysis in the 
case of Hart vs. Burnett. 

Character of the Testimony. Loss of Papers. Documen- 
tary Evidence — "Addenda." 

§ 6. I shall rely almost entirely on documentary evidence, and shall 
make little use of parol testimony, except to show the loss of documen- 
tary evidence. The testimony of Hispano-Americans has been found 
to be proverbially unreliable for many reasons, and under no circum- 
stances could stand in the face of authentic official documents. That 
most of the authentic official documents relating to the history of San 
Francisco, have been lost, is too well established by the testimony, botk 



LOSS OF OFFICIAL PAPERS. 5 

documentary and parol. Among the documentary testimony is an orig- 
inal authentic document, annexed to the testimony of R. C. Hopkins, 
as Exhibit No. .1, containing an "inventory of all the documents con- 
" tained in the Archives of the Juzgado of San Francisco de Asis," 
from the year 1829 to 1839, during which period the Ayuntamiento of 
San Francisco was organized, and finally superseded. Hardly any of 
these documents are to be found. They are not in the custody of the 
Mayor or of the City Clerk ; they are not in the City Archives ; a few 
have been produced from private hands ; and only a few are in the Cal- 
ifornia Archives. See testimony of R. C. Hopkins, keeper of the 
California Archives ; of A. F. Teschemacher, Mayor of San Fran- 
cisco; of J. W. Dwindle. In the California Archives the official cor- 
respondence of the Governors of California from about 1834 to 1839, 
the most interesting period of the history of the Pueblo of San Fran- 
cisco, is wanting. See R. C. Hopkins's testimony, ut supra. When- 
ever a trace has been found in this inventory of a document of pecu- 
liar interest in the case, and which from its nature must have shed light 
upon the points to be investigated, in almost every instance it has been 
found that this document could not be found either in the archives, or 
any where else. See testimony of Hopkins and Dwindle. That the 
government itself is answerable for this loss of documents, is very 
easily demonstrated. On July 11th, 18 4 7 , a few days after the Amer- / fr4^6> 
icans took possession of San Francisco, Lt. J. S. Misroon, U. S. Navy, 
dating from Yerba Buena, reports that he had visited the Mission of 
Dolores, and adds : 

" A collection of public documents was made and carefully brought 
" to town, where they were packed, sealed, and superscribed, by Mr. 
" Leidesdorff and myself, and witnessed by Don Andres Hoepender, 
" (sealed with the consulate seal), and placed in the Custom House un- 
" der charge of Military Commander Watson, subject to such disposi- 
" tion as you may be pleased to make." Executive Document, 2d Ses- 
sion 30th Congress, Vol. I, pages 1021, 1022. And J. B. Montgom- 
ery, the Commander U. S. Navy who took the town of San Francisco 
for the Americans, under date of July 20, 1846, reports to his superior : 

" I sent an officer on Friday to the rancho of Don Francisco Guer- 
" rero, late sub-prefect of this department, who came in on the summons, 
" and having delivered the papers of his department, which appeared 
" to be of little importance, was permitted to return on his parol of 
" honor not to go beyond the limits of this district without my pass- 
" port ; neither to instigate, take part in, or in any way to countenance 
" movements or designs against the existing government or peace o$ 
" the country." Exec. Doc. as above, pp. 1029, 1030. That the Uni- 
ted States Government thus got possession of the archives of the Mis- 
sion and of the Sub-Prefecture of the Juzgado of San Francisco, thus 
appears very clearly. That the documents thus obtained were the very 
documents most needed to elucidate the history of the Pueblo of San 
Francisco, is very evident from the inspection of the document Exhibit 
No. 1, annexed to the testimony of R. C. Hopkins, as above mentioned. 
What has become of these documents? Where are they? We trace 



6 DEPARTMENT — DISTRICT — PARTIDO. 

them into the possession of the Government; what has the Government 
done with them ? Happily the existence of the Pueblo can be clearly 
and indisputably established by the authentic original documents which 
have not been lost or mislaid, many of which we have discovered and 
produced for the first time in evidence. The most important and inter- 
esting of the proofs and illustrations in the case are printed and an- 
nexed to this argument under the designation of Addenda. They are 
published in full, because their purport could not be easily understood 
from selected extracts; and their length is amply compensated by their 
value, especially since it is graphically asserted in these latter times 
that the claim of Hispano-American Pueblos to four leagues of land is 
" a new pretense never heard of until since the conquest of California." 
These documents will ever remain monuments of the wise and pious 
benevolence which characterized the Colonial Policy of Spain. The 
original Spanish has been interjected in many phrases which are made 
the subject of comment. Many of the translations are absolutely gro- 
tesque in their solecisms and want of accuracy, frequently obscuring, 
and often reversing the sense of the original; but these are the trans- 
lations which both suitors and the United States were formerly obliged 
to accept at the hands of some of the official translators, who, it is to 
be hoped, understood Spanish, for they certainly did not understand 
English. These remarks do not apply to the early translations fur- 
nished by Hartnell, Halleck, and some others, which are admirable, 
although sometimes liable to criticism when we descend from generic 
to specific terms. 

Definition of Terms. 

§ 7- Before proceeding to the argument of the case, it is necessary 
to define certain terms which will be of frequent recurrence, and some 
of which have no exact synonyms in the English law. I shall make 
my own definitions, giving my authority for each of them, reserving, 
of course, to my opponents the right to criticise, to invalidate, and to 
destroy them. As I have chosen a synthetic form for my argument, I 
shall make no excuse for following that form in all its exigencies, 
among which I include those of definition. Says Locke : " Before 
" entering into a discussion, be sure that you and your opponent are 
" agreed as to the meaning of the terms employed, for I have known 
" persons engaged a full ten days in discussing topics, and have finally 
" found that they were perfectly agreed, only that they differed in the 
£ meaning of the terms employed." 

Department — District — Partido. 

§ 8. Sometimes the Mexican Republic was under a Federative 
Constitution, and then the Californias were called Departments, a 
designation corresponding to the Territories of the United States; 
at others, the Constitution of Mexico was centralized, and then, also, 
the Californias were called Departments. Each Department was 
divided into Districts ; and each District into two Partidos. Under 



THE TERM PUEBLO. 7 

either form the actual division of the Californias was the same. A 
Prefect presided over the District, and a Sub-Prefect over the Partido. 
See Constitutional Laws of 1821 — 1822 ; Constitutional Laws 1836, 
Addenda No. LXIX, page 100. Leyes Vigentes, 45. 

Pueblo. 

§ 9. The term Pueblo answers to that of the English word Town, 
in all its vagueness, and all its precision. As the word town in English 
generally embraces every kind of population from the Village to the 
City, and also, used specifically, signifies a town " corporate and politic," 
so the word Pueblo in Spanish, ranges from the hamlet to the city, 
but, used emphatically, signifies a town " corporate and politic." San 
Jose was a pure pueblo, organized as such ; so was Los Angeles, until 
raised in 1835 to the rank of a city. (Recopilacion de Arrillaya, A. 
D. 1835, p. 189.) We contend that San Francisco was a Pueblo 
especial, a body politic and corporate, or ^wcm-corporate, thoroughly 
organized as a politico-economical Municipality, and the word Pueblo, 
employed without any restriction, is used in this sense in this argument. 
At the same time the word Pueblo was often used, and will often be 
found used in the documentary evidence in this case, in the sense of 
village. Thus the miserable, abandoned, forfeited Indian hamlet at 
the Mission Dolores, is sometimes called " Pueblo of Dolores," which 
is an instance of the application of the word in its generic sense of set- 
tlement. The Spaniards preferred the word Lugar to that of Pue- 
blo. The Hispano-Americans commonly used the word Pueblo, 
probably because the American Pueblos differed so much from the 
Spanish Lugares, as we have before shown : the variation in the 
terms denoted the specific varieties of members of the same general 
family, and the word Pueblo as used in America, denoted one of the 
emancipated, homogeneous, American Pueblos which owed their exis- 
tence to the experience, wisdom, piety, and bounty of the Kings of 
Spain. See ante §§ 2 to 5 of this argument. 

But, without some further distinctions, we shall mislead ourselves. 
A Pueblo manifested itself in various ways. It had apolitical juris- 
diction, embracing all the legal voters, within a certain territory. It 
had & judicial jurisdiction: "by'termino Jurisdiccional,' Jurisdiction, 
" ' Partido,' or ' Distrito,' is understood all that is comprised within the 
" limits to which the jurisdiction of the Alcalde or Judge of the Pue- 
"blo extends." Governor Gutierrez, Jan. 25, 1836, Addenda No. 
XXXIII, page 51, 3d ff from the foot. It had also a proprietary 
existence, embraced in the phrase " termino municipal," " fundo legal," 
" the lands owned by the corporation :" " that land which has been 
"assigned to the Pueblos for the relief of their herds, within which 
"neither the cattle nor inhabitants of neighboring Pueblos can enter, 
" for the purpose of grazing or cutting wood, without being denounced, 
"[prosecuted?] unless they have some letter of commonalty." Gov- 
ernor Gutierrez, Jan. 25, 1836, Addenda No. XXXIII, page 51, 2d ^ 
from the foot. So far as the documentary testimony throws any light 



8 PROPIOS, ARBITRIOS, SUERTES, ETC. 

on the subject, the political and judicial authority of the pueblos seems 
to have extended to the same district or territory, and the proprietary 
ownership to have been restricted within narrower limits, namely, to 
the four leagues of land belonging to the pueblo, the " termino munici- 
pal." We shall see, in the course of this argument, how far these dis- 
tinctions are justified and maintained. 

Propios and Arbitrios. 

§ 10. The Propios were such lands, houses, or other property of 
cities and pueblos as were rented, and the proceeds thereof applied to 
the payment of municipal expenses. Salva, Die. Esp.; Escriche, Die. 
de Legis. in verbo. Arbitrios, as applied to cities and pueblos, are 
taxes, licenses, and other impositions laid upon certain trades, occupa- 
tions, pursuits, conveniences and luxuries, in order to defray the muni- 
cipal expenses. Escriche, Die. de Legislation ; Salva Die. Esp. in 
verbo. Febrero Mejicano, vol. 1, pp. 304, 305, etc. Escriche says : 
" This property is a part of the patrimony of the Pueblo, and is ad- 
" ministered by the Ayuntamiento, or a special board established for 
" that purpose : — estos bienes patrimoniales del Pueblo se llaman Pro- 
" pios yse administran por el Ayuntamiento 6 una junta especial estab- 
" lecida al intento :" in verbo Bienes concejiles. Says Governor Gutier- 
rez, over the date of January 25th, 1836: "The terrenos de Propios 
" are lands assigned to the Ayuntamiento, so that by leasing them to 
" the best bidders, for a term not exceeding five years, they may de- 
" fray their expenses by the proceeds ; and the Ayuntamiento may 
" propose the amount of rent, mentioning it in the petition which is 
" presented." See Addenda, No. XXXIII, page 51, last H on the 
page. 

SUERTES, SOLARES, SlTIOS. 

§ 11. Suertes were the cultivable lots of land granted to colo- 
nists in California, near the Pueblos, and within the four leagues as- 
signed to the Pueblo. Each suerte is defined by the Regulations of 
Colonization of Felipe de Neve of 1779-1781, to consist of two hun- 
dred varas in length, and two hundred in breadth. See Addenda, No. 
IV, § 5, page 4. The Spanish vara cr_y_ard, is 33 inches long. In the 
ypo tec Plan of Tepic, A. d.. 1789, tfie^suertes are designated as being 
200 X 400 varas. See Addenda, No. VII, Art. 14, page 13. But 
their area is of no consequence ; it is sufficient for our present pur- 
pose, that they were tracts of cultivable lands granted to colonists. 
Solares, [Solum, area, Salvd,~\ building lots, granted to colonists, and 
which were to conform to a precise plan, and to the designated squares 
and streets. Regulations of Felipe de Neve of 1779-1781. Addenda, 
No. IV, § 4, page 4 ; Plan of Pitic. Addenda, No. VII, Art. 8, page 
12. The word sitio originally meant only a " place," " situf f and when 
a person petitioned for a " sitio of land," he was understood to ask for 
a " place " to live upon. But afterwards it came to have a more spe- 
cific meaning : a " sitio de ganado mayor, — a sitio of large' (neat) cat- 
tle," signifying a square of 5,000 Spanish varas, or yards ; and a " sitio 



AYUNTAMIENTO — MUNICIPALITY. 9 

de ganado menor — of smaller cattle — sheep, etc." signifying a square 
of 3,333J Spanish yards. Exec. Doc. 1st Sess., 31st Cong. Doc. 17, 
page 145. But "sitio," without any qualification, is generally under- 
stood to signify a square league of land, and will be so used in this 
argument. 

Ayuntamiento — Re gid or — Pro curad or — Sindic o — Munici- 

PALIDAD. 

§ 12. The word Ayuntamiento is best rendered by the English 
term Common Council, [commune Council,] to which it exactly corres- 
ponds. If we restore the word to its barbarous Latin etymology, adjun- 
gamentum, its force becomes at once apparent. " Ayuntamiento : el 
" congreso 6 junta compuesta de la justicia 6 alcalde regidores y demas 
" individuos encargados de la administracion d gobierno economico-po- 
" litico de cada pueblo. Suele llmarse tambien rejimiento, cabildo, con- 
" cejo, municipalidad y cuerpo municipal. Escriche Die. de Legisla- 
" cion, in verbo. Ayuntamiento : the body or legislature composed of 
" the justice, or alcalde, the regidores, and the like persons who are 
" entrusted with the administration or politico-economical government 
" of each pueblo. It is also called Regimiento, [decurionum consessus ; 
" Salva] Cabildo, [Senatus municipalis ; Salva ;] concejo, [council ;] 
" Municipalidad, [Municipality ;] y cuerpo municipal, [municipal 
" body.] Salva gives the term the same substantial definition, and 
adds the Latin definitions : Congressus, Senatus, Coetus. 

Re gid or, a common Councilman ; an Alderman. " Cada uno de 
" los individuos del Ayuntamiento encargados del gobierno economico 
"de los pueblos. Decurio. — Each of the persons belonging to the 
" Ayuntamiento who are entrusted with the economical government of 
" the Pueblos." Salva Die. Esp. in verbo. 

" Procurador Sindico. El sugeto que en los ayuntamientos 6 
"concejos tiene el cargo de promover los intereses de los pueblos, 
"defiende sus derechos, y se queja de los agravios que se les 
"hacen. Tiene asiento en los ayuntamientos. Procurator syn- 
" dicus, municipii tribunus. Procurador sindico : the person who 
"in the Common Council is charged with promoting the interests 
"of the Pueblos, defending their rights, and complaining [remedy- 
ing by suit] public injuries when they occur. He has a seat 
" in the Common Council." Salva, Diccionario Espanol in verbo. 
The functions of Procurador really answered to Fisc and City Attorney. 
So here we have Ayuntamiento, or Common Council ; Regidores, 
Council men or Aldermen ; and Procurador Sindico, or City Attorney, 
and Fisc, in exact correspondence to the organization and officers 
of an American or English Municipality. But it will be observed 
and hereafter shown, that although a Pueblo could not have its 
Ayuntamiento, Councilmen and Attorney, without being fully organ- 
ized and entitled to all the rights of a Pueblo, yet the converse was 
not true, and a Pueblo might be fully organized, and entitled to all the 
rights, political and proprietary, including its four square leagues of 



10 BIENES CONCEJILES — EJIDOS. 

land, without having an Ayuntamiento. Or, it might have an Ayun- 
tamiento, and lose it, without losing its political or proprietory rights, 
for the basis upon which an Ayuntamiento rested was that of popula- 
tion ; a basis often numerically changed by positive law, and often 
shifting from various causes. See §§ 47, 89 to 92 of this argument. 

"Municipalidad. Vos que va introduciendose sin necesidad en 
"lugar de Ayuntamiento 6 Concejo — a word which is unnecessarily 
" getting itself introduced in place of ' Common Council.' " Salva, 
Die. Esp. in verbo. 

BlENES CONCEJILES. [TOWN PROPERTY.] 

§ 13. " Bienes Concejiles — Los que en cuanto a la propiedad 
" pertenecen al comun 6 concejo de una ciudad, villa 6 lugar, y en 
" cuanto al uso a todas y cada una de sus vecinos ; como las fuentes, 
"montes, dehesas, pastos, etc. Partida 3, tit. 28, Ley. 9. Town 
" Property. That which in respect of ownership belongs to the pub- 
" lie or council of a city, villa, or town, and in respect of its use belongs 
" to every one of its inhabitants, such as fountains, woods, the pas- 
" tures, etc." Escriche, Die. de Legislacion, in verbo. " Town Prop- 
erty," is the English synomym which both popularly and logically in- 
cludes the definition. 

Ejidos, or Exidos. 

§ 14. Ejidos or Exidos, [Exitus, Salva, Die. Esp.] The vacant 
suburbs of the Pueblo. Our English word commons well translates this 
term, and I should employ that word exclusively were it not that it 
seems to have misled some of our early translators, who, with a stupid- 
ity which seems almost malicious, have translated ejidos by " common 
lands," as if it included the pasture grounds of the Pueblo, as well as 
the " commons." Instances of this mistranslation will occur in many 
of the documents in this case which both parties have been compelled 
to accept at the hands of the official translators. But it simply means 
the vacant suburbs, and nothing more. Says Governor Gutierrez, in 
1836 : " By Ejidos, are understood lands that are immediate to and in 
" the circumference of the Pueblo, which serve both for the relief and 
" the convenience of the inhabitants, who may keep therein a few 
" milch cows and horses for their use, and to form walks or alleys which 
"may adorn the entrance of the place, so that the ejidos may have a 
" quarter or half a league around the town, which is sufficient for its 
" ventilation, and the Ayuntamiento may dispose of these lands for 
"building lots, [solares.]" See Expediente of the Presidial-Pueblo of 
Monterey, respecting its Ejidos, or Suburbs. Addenda, No. XXXIII, 
page 52, if 2d. " Ejidos — El campo 6 tierra que esta a la salida del 
" lugar, y no se planta ni se labra, y es common para todos los vecinos. 
" Viene de la palabra latina exitus que significa salida. Los ejidos 
" de cada Pueblo estan destinados al uso comun de sus moradores : na- 
" die por consiguiente puede apropiarselos, ni ganarlos por prescripcion, 
" ni edificar en ellos, ni mandarlos en legado. Ejidos : The field or land 



DEHESAS. 11 

" which is at the exit of the town, and can neither be planted nor cul- 
" tivated, and is common to all the citizens. It comes from the Latin 
" word exitus, which signifies the exit, or suburbs. The ejidos of each 
" Pueblo are designated for the common use of its inhabitants : conse- 
" quently no one can appropriate them, nor acquire them by prescription, 
" nor build on them, nor devise them." Escriche, Die. de Legislacion, 
in verbo. These ejidos are recognized in the Regulations of Felipe de 
Neve, 1779 — 1781. Addenda, No. IV, § 4, page 4, and receive the 
same definition above given, in the Plan of Pitic, 1787. Addenda, 
No. VII, Art. 11, page 13. They were, therefore, a portion of the 
most inalienable patrimony of the Pueblo; they could be alienated 
only for the purpose of granting solares, or building lots, as Governor 
Gutierrez says above, and this only from absolute necessity, for the 
growth of the Pueblo would otherwise be circumscribed. By Law 13, 
Title VII, Book IV, of the Leyes de los Indias, each Pueblo was 
entitled to have its ejidos assigned out of its domain. This peculiarity 
of the vacant suburbs often appears in comparative jurisprudence. On 
this subject we can consult with interest and profit " Le Recueil Alpha- 
betique de Questions de Droit," par Merlin, Tome III, page 396, aux 
titres commune et communaux, (biens,) for a resume of the French 
jurisprudence on that point, which, it may well be presumed, has 
repeated itself throughout all modern Europe. The same inviolability 
was early recognized in the Hebrew theocracy : " the field of the sub- 
urbs of their cities may not be sold ; for it is their perpetual possession." 
Leviticus 34. 

These Pueblos were usually called Pueblos de Espanoles — Spanish 
Pueblos, or Pueblos de gente de razon — Pueblos of People of reason — 
to distinguish them from those of the Indians, who were not supposed 
to have that faculty. Concerning Indian Pueblos, see § 17 of this 
argument. 

Dehesas. 

§ 15. The Dehesas were the great Pasture grounds where the 
large herds of the Pueblos roamed and grazed. An attempt has been 
made to confound them with the Ejidos (respecting which see ante 
§14), and "ejidos y dehesas" are often translated in one phrase as 
" commons " or * ; pasture grounds." But dehesa receives its definition 
in the Plan of Pitic (see Addenda No. VII, Art. 13, page 13, where 
it is designated as k ' la dehesa 6 Prado Boyal — (i Pratum bovinum — 
the great herd pasture. In this same article it is also contradis- 
tinguished from the ejidos : " los ejidos y a la dehesa, the ejidos and 
" the dehesa." In the Regulations of Felipe de Neve, the same contra- 
distinction is observed : " exido competente para el pueblo, y Dehesas ; 
u ejidos and dehesas ;" § 4. See Addenda, No. IV, § 4, page 4, and 
in § 8 of the same we have again " exido y dehesa." As we proceed 
in the course of this narrative we shall find that ejidos has often been 
translated " commons, common property and landed property ;" that 
" dehesas " has often been rendered by the same terms, and " ejidos y 
" dehesas " again translated by the same terms, as if they were equiva- 



12 HOW THE PUEBLO LANDS MIGHT BE DIVIDED. 

lent. But as we have seen, ante §§13 and 14 and in this section, 
although both these terms were generically included in " commons," 
" landed property " and " town property," yet specifically they were 
different. Ejidos being those commons or vacant suburbs at the exit 
of the Pueblo which could never be sold, and dehesas the great cattle 
pastures in which the inhabitants had a right of commons, but which 
the Government could dispose of, — which the Government at one time 
did order to be sold, — and the greater part of which belonging to the 
Pueblo of San Francisco, the Government did actually grant to set- 
tlers, while at the same time the ejidos were positively forbidden to be 
granted or sold. See Addenda, No. XI, page 20, § 1, etc. By Law 
14, Title VII, Book IV, of the Leyes de las Indias, each Pueblo was 
entitled to have its dehesas assigned.* 

How the Pueblo Lands might be Divided. 

§ 16. Assuming that a Pueblo was entitled to four leagues of land, 
these lands were capable of being divided into several portions, each 
assigned to its respective uses. First, the site of the town proper, 
including the public square and streets, the building lots fronting on 
them, and the propios to be rented for public revenue. De Neve's 
Regulations, Addenda, No. IV, § 4, page 4 ; Plan of Pitic, Addenda, 
No. VII, Art. 8, page 12. Secondly, the vacant Suburbs, or Ejidos, 
lying next to the Pueblo. See Ejidos, ante, § 14. Thirdly, the 
Suertes or sowing grounds granted to each inhabitant. See ante, § 11. 
Fourthly, the Dehesas, or Great Cattle Pasture, lying beyond. See 
Dehesas, ante § 15. Common, everywhere, were the Montes y Aguas, 
the woods and waters. But although these four leagues might be thus 
divided, I do not find in the original law granting them to the Pueblos, 
nor in any subsequent enactment, any provisions imposing a forfeiture 
of the lands in case this division was not made. In fact the division 
depended upon the convenience of the Pueblo. It might or might not 
be made. But still the four leagues of land belonged to the Pueblo. 

* NOTE.— Dehesas.— We read in Catullus, LXXXII : 

" CAommoda dicebat, siquando commoda vellet 
Dicere, et Amsidias Arrius insidias. 

Ionios fluctus, postquam iliuc Anus isset 
Jam uon Ionios esse sed Hionios." 

The introduction of the aspirate by the Latin provincials, the supplanting of a letter 
by the aspirate, and the final softening and disappearance of the aspirate itself, with the 
substitution of cognate letters, will solve many etvmological mysteries in French and 
Spanish. Thus Cabaleus, cAaballus, cAeval. Casa, cAasa, chez. Filtus, fhilio, 
hilio, hijo. Concilium, concilio, concejo. Caballus, caballo, cabayo, cavayo. But 
deliesas presents an unusual modification of the original word : Defensas, defAensas, 
dehesas, and sometimes deesas. Our English word " fence " is of the same etymology 
as dehesas. Says Escriche, Die. Eazonado de Legislacion : " Dehesa viene del verbo 
" latino defendere que significa defender 6 prohibir" — "It comes from the Latin word 
defendere, which signifies to defend or prohibit." This was because neighboring pro- 
prietors were prohibited to pasture their flocks on the dehesas. 



COMMUNITY, INDIAN PUEBLOS, ESPEDIENTE. 13 

Comunidad — Community. Indian Pueblos. 
§ 17. By the term Comunidad — Community, as used in the Spanish 
and Hispano- American law, I understand to be primarily designated a 
" body or congregation of persons who are united under certain consti- 
" tutions or rulers, such as convents, colleges and other similar bodies : 
"la junta 6 congregacion de personas que viven unidas bajo ciertas 
" constituciones y reglas, como los conventos, colegios, y otros cuerpos 
" semejantes." Escriche Die. Razonado de Legis., et Jurispr. in verbo 
comunidad. In England, where religious communities have for the 
greater part been abolished, and in the United States, where they have 
scarcely ever existed, the term community has become expanded into 
an indefinite application. But I shall insist, and hope to demonstrate, 
that in the Hispano-American law, the term " comunidad " never 
ceased to preserve its specific meaning, and was always applied to a 
body of persons living in " community " in the proper sense of the 
term. Thus we shall see that while the body of the citizens of the 
Pueblo of San Francisco was styled " the Municipality," " the Corpo- 
ration," " the Public, — el comun" the Mission of Dolores was styled 
" the community, — la communidad" that being the very term of law 
which defined the body of the Indian residents there, and their rights 
and relations to each other. The Indian Pueblos were of early origin. 
It was the policy of Spain, adopted as early as the year 1551 by the 
Emperor Charles V, and never departed from by his successors, that 
the Indians should be induced and compelled to live together in 
villages, this being considered the only possible condition of their 
becoming civilized. The ordinances decreed for this purpose are 
exceedingly minute and well digested, and are principally to be found 
in the Leyes de las Indios, Lib. V, titu lo III. It was decreed that the SM ^' 
Indians should be settled in villages"; thai churches should be estab- 
lished for them ; that they should be governed by Indian Alcaldes, 
and Indian Regidores (council-men) ; that no Indian should remove 
from his own village to another, nor live outside of his own village ; 
that no Spaniard, negro, mestizo, or mulatto should live in an Indian 
Pueblo, even though he bought lands there ; that no Spaniard should 
sojourn in an Indian Pueblo beyond one day after the day of his 
arrival, and other like provisions of police. Ibid. It will be difficult 
to recognize any of these features in the Pueblo of San Francisco, 
upon whose history we are about entering. The interesting fact of 
Indian Alcaldes and Indian Common-Council men will among others, 
be entirely wanting. The lands belonging to Indian Pueblos were 
called Tierras de Comunidad. 

ESPEDIENTE EXPEDIENTE. INFORME. YlSTA. BORRADOR. 

§ 18. The first two of these terms, which are of the same ety- 
mology, — negotia expedire — signify that collection of papers or docu- 
ments which shows the despatch or expedition of a matter in hand. In 
an ordinary grant of lands the espediente, or collected documents will 
generally consist of: 

First : The petition, setting out the situation, qualifications and 
claims of the petitioner. 



14 THE PUEBLOS OF CALIFORNIA. 

Secondly : The informe or marginal order of the Governor, direct- 
ing the respective (proper) inferior officer to inform himself and report 
to the Governor. 

Thirdly : The report of the respective officers. 

Fourthly : The vista, or order of the Governor upon the report, 
so called because it almost always begins, " Vista — having seen," etc., 
which contains the grant or refusal of the Governor, and the lorrador 
or rough draft of the grant, if one is made. 

Fifthly : Any proceeding taken afterwards by the Departmental Jun- 
ta, or Assembly, approving or disapproving the action of the Governor. 

But in relation to any proceedings, the whole bundle (or, as the 
French say) the " dossier " of all the documents relating to any execu- 
tive or administrative proceeding is called the " espediente," or as we 
say in Anglo-American English, " the Documents." Thus when the 
Ayuntamiento of the Presidial-Pueblo of Monterey, in the year 
1836 applied to have the ejidos of that Pueblo assigned, the whole 
series of documents promoted (instituted) on that occasion are called 
Espediente — Expediente. See Addenda, No. XXXIII, page 49. 
So when certain citizens of the Department of Upper California wished, 
A. D. 1836, to separate themselves from the jurisdiction of the Ayun- 
tamiento of the Pueblo of San Francisco, and attach themselves to the 
jurisdiction of the Pueblo of San Jose, the whole bundle (dossier en 
Francais) of documents relating to that proceeding is styled in Spanish, 
the " Espediente." See Addenda, No. XXIX, page 44, etc. " Es- 
pediente," Spanish, the bundle of papers showing how the matter 
was expedited ; the dossier in French, the papers whose endorsement 
sufficiently indicated their contents ; the " documents," as the Anglo- 
Americans expectorate the term ; the " Record," in legitimate Anglo- 
Norman English; the papers showing "what it is all about" in the 
language of the frontiers. This term will be of constant recurrence. 
The Hispano- Americans, among other traditions, had that of order, 
association, and arrangement. They attached each " document " to the 
one which immediately preceded it in its respective series. Conse- 
quently their Archives have an extraordinary reliability, always 
excepting the case of theft, or of a systematic spoliation. As this 
argument is cast in a narrative, or popular form, it does not seem amiss 
to define anew this familiar law term. 

The Pueblos of California. 

§ 19. Historical events, arranged and narrated in the order of 
their respective dates, follow each other in a natural logical sequence, 
and as the strength of my argument is derived from the constantly- 
recurring recognition of the Pueblo of San Francisco by all the legis- 
lative, executive, and ministerial authorities of California during a long 
period of years, I shall content myself by presenting, First, a succinct 
history of the colonization of this country, and Secondly a specific 
history of the settlement and progress of this Pueblo. 

The Pueblos of California originated in three different ways. First, 



JESUIT VOYAGES AND MISSIONS. 15 

there were Pueblos which were founded as such: the Pueblo (after- 
wards city) of Los Angeles, the Pueblo of San Jose, and the Villa of 
Branciforte were of this class. 

SECONDLY : Pueblos which originated in the settlement of the 
Presidios, and grew up under their protection. Of these Presidial- 
Pueblos there were four, namely : the Pueblo of San Diego, 
the Pueblo of Santa Barbara, the Pueblo of Monterey, and the 
PUEBLO OF SAN FRANCISCO. 

THIRDLY: Pueblos which grew out of Mission establishments. 
Of these last, a few struggled into a transient existence, but under such 
circumstances as to leave the circumstances of their origin in great 
obscurity. See Addenda, No. LXII, page 89, § 2. 

Three-fold Plan of this Colonization of California : 
Missions, Presidios, and Pueblos, including Presidial- 

PUEBLOS. 

§ 20. The plan for the colonization of California was, therefore, 
three-fold: Religious, Military, and Civil. 

" At the same time that the monks established Missions to civilize 
"the Indians, the Governors founded military posts called Presidios, 
"and Pueblos (villages) composed of married soldiers and white 
" colonists who were brought from Sonora, Sinaloa, and Lower Califor- 
nia." 1 De Mofras, 261. A description of each of these establish- 
ments will show how impossible it is to confound the Pueblos of the 
whites with the missionary establishments founded for the christianiza- 
tion and civilization of the Indians, and particularly how distinct a 
Presidial-Pueblo, — a Pueblo growing up under the protection of 
a Presidio and becoming an off-shoot from it, — was from any and 
every form of organized population which could result from either the 
success or the destruction of a Mission of christianized Indians. 

A. D. 1642—1773. 

Foundation of the Missions. Jesuit Voyages. 

§21. "In 1642, the Viceroy, the Duke of Escalona, sent into 
" Lower California the Governor of Sinaloa, with some members of 
" the Society of Jesus, to found missions there, and civilize the Indi- 
" ans." " Exploration de FOregon et des Californies pendant les annees 
1840, 1841, 1842, par M. Duflot de Mofras, attache a la Legation de 
France a Mexico," — Vol. I, p. 102. M. Duflot de Mofras, an attache 
of the French Legation at Mexico, was detached from that service in 
1840, by Marshal Soult, at that time President of the Privy Council of 
Louis Phillippe, for the purpose of making a thorough reconnoissance 
of California and Oregon. This work he accomplished in the most 
faithful manner, and the results, embracing the most extended and 
accurate description of California, its natural history, climatology, social 
condition, politics, legislation, and religious institutions, and containing 
even plans and soundings of its harbors, with sailing directions for 
entering them from the ocean, were published at Paris by order of the 



16 MISSIONS CEDED TO THE FRANCISCANS. 

King, in 1846, in two volumes, 8vo., being the book above cited. It is 
a work of the highest authority, and was doubtless prepared as a hand- 
hook for the acquisition of California by the French. De Mofras does 
not profess to have been in California later than 1842; and his work 
contains internal evidence that that year terminated his visit to that 
country. 

" In 1 683, the Admiral Atondo went to La Paz, (on the eastern 
"shore of the Gulf of California), with the Jesuit Fathers. Salva- 
" tierra and Eusebius Kino, (Kuhn) a learned astronomer from Ingol- 
" stadt. It is from the date of this epoch that the regular clergy (reli- 
" giosos) were invested with the ecclesiastical, civil, and military ad- 
" ministration of the missions. In a short time they succeeded in con- 
certing all Lower California, (the peninsula), and the plan which 
" they adopted will always serve as a model." De Mofras, Vol. I, p. 
103. " In 1701 and 1703, Father Kuhn made his celebrated explora- 
" tions to the north of California, and on the river Colorado. King 
" Philip V granted to the Jesuit Missions in California an annual 
"pension of $13,000." De Mofras, Vol. I, p. 104. "In 1719, Fa- 
"ther Guillen, and in 1721, Father Ugarte, extended the domains 
" of their Missions, by means of several expeditions by land in Califor- 
nia." De Mofras, Vol. I, p. 105. "In 1746, Father Consag ex- 
" plored the river Colorado, with the design of organizing other mis- 
" sions, which should render an overland route practicable from Sonora 
"to California." De Mofras, Vol. I, p. 106. 

The Jesuits Suppressed. The Missions Ceded to the Fran- 
ciscans. 

§ 22. The Jesuits continued to extend their geographical limits, 
and to govern their missions in the most paternal manner until the 
year 1767, when they ceded them to the Franciscans of the Royal Col- 
lege of San Fernando at Mexico. De Mofras, Vol. I, p. 106. " By 
" order of Charles III, King of Spain, the Marquis de Croix, Viceroy 
" of Mexico, and the Inspector-General (Visitador) of that Kingdom, 
" Don Joseph de Galvez, on the 25th of June, suppressed the Society 
" of Jesus, and entrusted to the Franciscan Monks of the College of 
" San Fernando at Mexico, the administration of the Missions which the 
"Jesuits up to that time had managed with so much wisdom and suc- 
" cess. The various donations and real estate which constituted the 
" * Pious Fund of California ' passed into the hands of the Franciscans, 
" (fondo piadoso de California). Sixteen of these monks, by direction 
" of their Apostolic Prefect, the Reverend Father Junipero Serra, em- 
" barked at Loreto, Lower California, in April, 1758. On July 16, of 
" the same year, the Inspector- General of New Spain, arrived in per- 
" son, bearer of a royal order commanding him to found a missionary 
" establishment either at the port of Monterey, or at that of San Die- 
" go." De Mofras, Vol. I, p. 255. 



THE FRANCISCANS RETIRE TO UPPER CALIFORNIA. 17 

A. D. 1772. 

The Franciscans Yield the Missions op Lower California 
to the Dominicans, and Establish Themselves in Upper 
California. 

§ 23. But this success of a rival order excited the zeal of the 
Dominicans, who demanded a share of this new field of missionary 
labor ; the result of which was that the Dominicans of Mexico obtained 
a royal rescript, by which the Franciscans were ordered to surren- 
der to the Dominicans the administration of one or two Missions. 
" The Reverend Warden of the College of San Fernando, remarked, 
" with reason, that the province of Lower California (where most of 
"the Missions were at that time,) could not be divided; that its limits 
" were well defined ; and that serious inconveniences would arise if the 
" two orders were found in competition in the same territory. He con- 
" eluded by offering to the Dominicans, in case they would take exclu- 
" sive charge of the whole province (of Lower California) from Cape 
" St. Lucas to the port of San Diego, to cede to them, together with 
" all the Missions then lately administered by the Jesuits, also that of 
" Fernando de Vellicata, and the five others which were yet to be es- 
" tablished there. The Viceroy assembled the Council, and on April 
" 30th, 1772, decreed that the above agreement should be carried into 
" effect. It was not, however, until the 1 st of May of the following 
" year, that the Dominicans entered into definitive possession of Lower 
" California, and that the Franciscans retired into Upper California, 
" where, being able to concentrate all their efforts upon a territory less 
" extensive and more fertile, they soon obtained results which command 
" admiration. At the end of fourteen years, Father Junipero, who 
" died in 1784, had already founded fifteen Missions of Indians, or vil- 
" lages of Spanish colonists." 1 De Mofras, 259. In the printed Ad- 
denda at the end of this argument, No. LXVII, page 97, will be found 
a tabular statement of the foundation of all the Missions of Upper Cal- 
ifornia, as well as a succinct history of their greatest prosperity and 
subsequent ruin. 

Description of a Mission. 

§ 24. De Mofras takes as a type of the Missions, that of San 
Luiz Rey, which was like the others in its management and discipline, 
and differed from them only in a superior architecture and extent of 
decoration. " The building is a quadrilateral. The church occupies 
"one of its wings; the facade is ornamented with a gallery. The 
" building, raised some feet above the soil, is two stories in height. The 
" interior is formed by a court. Upon the gallery, which runs around 
" it, open the dormitories of the monks, of the major-domos, and of 
"travellers; small work-shops, school-rooms, and store-rooms. The 
" hospitals are situated in the most quiet parts of the Mission, where 
" the schools also are kept. The young Indian girls dwell in the halls 
"called the Monastery (el monjero) and they themselves are called 

2 



18 DESCRIPTION OF A PRESIDIO. 

"nuns, (las monjas); they are obliged to be secluded to be secure from 
" outrage by the Indians. Placed under the care of Indian matrons, 
" who are worthy of confidence, they learn to make cloths of wool, cot- 
" ton, and flax, and do not leave the monastery until they are old 
" enough to be married. The Indian children mingle in the schools 
" with those of the white colonists. A certain number, chosen among 
" the pupils who display the most intelligence, learn music, chanting, 
" the violin, the flute, the horn, the violincello, and other instruments. 
" Those who distinguish themselves in the carpenter's shop, at the 
" forge, or in agricultural labors, are appointed Alcalde's, or chiefs, 
" (overseers), and charged with the direction of a squad of workmen. 
" Before the civil power was substituted for the paternal government 
" of the missionaries, the administrative body of each Mission con- 
" sisted of two monks, of whom the elder had charge of the interior, 
" and of the religious instruction, and the younger of the agricultural 
" works. In order to maintain morals and good order in the Missions, 
" they employed only so many whites as were absolutely necessary, for 
" they well knew that their influence was wholly pernicious, and that 
" an association with them only developed among the Indians those 
" habits of gambling and drunkenness to which they are unfortunately 
" too much inclined." 1 De Mofras, 261 etc. " The regulations of each 
" Mission were the same. The Indians were divided into squads of 
" laborers. At sunrise the bell sounded the angelus, and every one 
" set out for the church. After mass they breakfasted, and then went 
" to work. At eleven they dined, and this period of repose extended 
" to two o'clock, when they returned to labor until the evening angelus, 
" one hour before sunset. After prayers and the rosary, the Indians 
" had supper, and then amused themselves with dancing and other 
" sports. Their diet consisted of fresh beef and mutton, as much as 
" they chose ; of wheat and corn cakes, and of boiled puddings (or por- 
" ridges) called atole and pinole. They also had peas, large or small 
" beans, in all an ' almud,' or the twelfth part of a bushel (fanega) a 
" week. For dress, they wore a linen shirt, pantaloons, and a woollen 
" blanket ; but the overseers and best workmen had habits of cloth, like 
"the Spaniards. The women received every year, two chemises, a 
" gown, and a blanket. When the hides, tallow, grain, wine, and oil 
" were sold at good prices to ships from abroad, the monks distributed 
" handkerchiefs, wearing apparel, tobacco, chaplets, and glass trinkets 
" among the Indians, and devoted the surplus to the embellishment of 
" the churches, the purchase of musical instruments, pictures, sacerdo- 
" tal ornaments, etc. Still, they were careful to keep a part of their 
" harvest in the granaries, to provide for years of scarcity." 1 De Mo- 
fras, 263, 267. 

Description of a Presidio. 

§25. "All the Presidios were established on the same plan: 
•" Choosing a favorable place, they surrounded it by a ditch, twelve 
" feet wide and six deep. The earth of the ditch served for the out- 



THE MISSIONS OWNED NO LANDS. 19 

" work. The enclosure of the Presidio was formed by a quadrilateral, 
"about six hundred feet square. The rampart, built of brick, was 
" twelve to fifteen feet high, by three in thickness ; small bastions 
" flanked the angles ; the Presidio had but two gates. Its armament 
" generally consisted of eight bronze cannon, eight, twelve, and sixteen 
" pounders. Although incapable of resisting an attack of ships of war, 
" these fortifications were sufficient to repel the incursions of the Indi- 
" ans. Not far from the Presidios, according to the topography of the 
J* land, was an open battery, (batterie decouverte) pompously styled 
"'the castle/ (castillo). Within the enclosure of the Presidio were 
" the church, the quarters of the officers and soldiers, the houses of col- 
" onists, store-houses, work-shops, stables, wells, and cisterns. Outside 
" were grouped some houses, and at a little distance was the ' King's 
" Farm,' (el rancho del rey,) which furnished pasturage to the horses 
" and beasts of burden of the garrison. Four coast batteries and four 
" presidios defended Upper California. Those of San Diego, founded 
"in 1769 ; Monterey, in 1770 ; San Francisco, in 1776; and Santa 
" Barbara, in 1780. After the year 1770, the infantry in all these 
" garrisons were replaced by dragoons, called (companias de cuera,) 
" companies with leather armor. These soldiers, who formed the pre- 
" sidial garrisons of all New Spain, wore, besides their ordinary cloth 
" uniform, a sort of buckskin dress, like a coat of mail, which descen- 
" ded to the feet, and was impenetrable to arrows. They wore this uni- 
" form only when in the field, and at the moment of combat, with a 
"double visored helmet; a leathern buckler worn on the left arm, 
" served to ward off arrows and thrusts of the lance in single combat ; 
" but, while they defended themselves with the sabre or the lance, they 
" could use neither their pistols nor their muskets. The horses tkem- 
" selves, like those of the old knights of chivalry, were covered with 
"leathern armor." 1 De Mofras, 279, 281. "The equipment of each 
" Presidio was a Lieutenant, with a pay of $550 ; a Health Officer, 
"$450; an Ensign, $400; a Sergeant, $265; a Corporal, $225; and 
"seventy soldiers at $217 each. Each soldier had seven horses and 
"a mule, kept on the King's Farm. Artillerymen were furnished 
" from the marine department of San Bias. The whole establishment 
" of Presidio and forts, including the pay of the Governor, at $4,000, 
"(behaving the rank of Lieutenant Colonel,) was $55,000 per an- 
" num." 1 De Mofras, 287. Presidium and Presidio : — we have 
here the vital and persistent tradition of the Roman Camp, thus plant- 
ing itself in the American wilderness, and perpetuating its name for a 
period which cannot be estimated. 

The Missions had no Property in Lands. 

§ 26. " The term * Mission ' includes only the collection of houses, 
" vineyards and orchards in the immediate vicinity of the churches, in- 
" eluding the stock of cattle, and other personal property in the posses- 
" sion of the priests, and useful and necessary in carrying on the es- 
" tablishments. The * Mission lands,' lands adjacent and appurtenant 



20 THE MISSIONS OWNED NO LANDS. 

" to the Missions, used by them for grazing purposes, were occupied 
" by them only by permission, but were the property of the nation, and 
" at all times subject to grant under the Colonization Laws.," Ritchie's 
Case, 17 Howard, U. S. S. C. Rep., pages 540, 561 ; Jones' Rep., 13. 
These are the definitions and propositions of the law-Executive of the 
United States Government. But the Missionaries from the beginning 
resisted the application of this principle, and denounced as a robbery 
every attempt to convert any of the adjacent lands to private or secu- 
lar purposes. An intelligent Spanish traveler, quoted by Mr. Bryant, 
writes, in 1822, as follows : " The Missions extend their possession 
"from one extremity of the territory to another, and have made the 
"limits of one Mission form those of another. Though they do not 
"require all this land for their agriculture and the maintenance of their 
" stock, they have appropriated the whole ; always strongly opposing any 
" individual who may wish to settle himself or his family on any piece 
"between them. But it is to be hoped that the new system of illus- 
" tration, [enlightenment ? ] and the necessity of augmenting private 
" property, and the people of reason, (gente de razon, white population,) 
" will cause the Government to take such adequate measures as will 
"conciliate the interests of all." Bryant's California, page 281. These 
immoderate pretensions of the monks undoubtedly hastened, if they 
did not invoke, the project of secularization. It may appear strange 
that when it became inevitable that the lands adjacent to the Missions 
must be granted to private settlers, the Missionaries did not then 
protect themselves at once and forever, by procuring the limits of their 
lands to be fixed, and formally granted to them. The answer to this 
suggestion is, that the Missions were never intended to be permanent 
establishments. The following from the opinion of Judge Felch, in the 
California Board of Land Commissioners, in the case of the Bishop 
of California's petition for the churches, etc., at the Missions which 
were finally confirmed to him, clearly and concisely expresses the 
theory of the Missionary colonization : " The Missions were intended, 
" from the beginning, to be temporary in their character. It was con- 
"templated that in ten years fvom their first foundation they should cease. 
" It was supposed that within that period of time the Indians would be 
"sufficiently instructed in Christianity and the arts of civilized life, to 
"assume the position and character of citizens; that these Mission 
"settlements would then become Pueblos, and that the Mission 
" churches would become parish churches, organized like the other es- 
" tablishments of an ecclesiastical character, in other portions of the 
" nation where no Missions had ever existed. The whole Missionary 
"establishment* was widely different from the ordinary ecclesiastical 
"organization of the nation. In it the superintendence and charge 
" was committed to priests who were devoted to the special work of 
" Missions, and not to the ordinary clergy. The monks of the College 
" of San Fernando and Zacatecas, in whose charge they were, were to 
" be succeeded by the secular clergy of the National Church, the Mis- 
sionary field was to become a Diocese, the President of the Mis- 
" sions to give place to a Bishop, the Mission churches to become 



" RELIGIOUS," " SECULAR," " SECULARIZATION." 21 

" curacies, and the faithful in the vicinity of each parish to become 
" the parish worshippers." 

This policy of the Spanish law incorporated into the Missionary 
system itself, thus forbade the assignment of the ownership of lands to 
any Mission, inasmuch as the law of extinguishment was stamped upon 
the Mission itself. Mr. William Carey Jones remarks that they were 
always " liable to be secularized, that is, their temporalities delivered 
" to lay administration ; their character as Missions taken away by 
" their conversion into secular curacies under charge of the secular 
" clergy, and the lands appurtenant to them to be disposed of as other 
"domain." Jones's Rep. 13. As early as the year 1813, the Spanish 
Cortez showed its impatience at what even then seemed the protracted 
existence of the Missions, as such, by passing a law indicating its pur- 
pose to enforce their secularization. Id. When, therefore, we read 
of lands " belonging," " heretofore belonging," or « appurtenant " to a 
Mission, we shall understand that lands are spoken of which are or 
have at some time been in the possession of a Mission, for the tempo- 
rary uses of the establishments, lands in which the Mission had an 
easement, servitude or usufruct, until terminated by some legitimate 
act of a competent superior authority. 

The Terms "Religious," "Secular" and "Secularization." 

§ 27. The terms "religious" and "secular" are strongly contra- 
distinguished in the Catholic Church, which distinction enter into the 
written law of Spain. A " Religious " (religiose-) is one who has taken 
the habit and the vows of one of the " Regular Orders," such as the 
Franciscans, the Dominicans, the Capuchins, and the like ; hence he is 
also called a " Regular," or one of the " Regular Clergy." Having 
taken the three vows of chastity, obedience and poverty, he has re- 
nounced the world, and therefore is held to be civilly dead. For this 
reason he cannot make a contract, nor take or hold property, either by 
purchase or descent ; nor sue or be sued ; nor make a will ; nor fill any 
fiduciary or civil office. A " Secular " Clergyman, (also called clerigd) 
who has not taken these vows, is not subject to these disabilities ; he 
can contract, buy and sell ; take by purchase or descent ; make a will ; 
and hold fiduciary and civil offices. He therefore has still a hold upon 
" secular " or worldly matters ; hence the term " secular." A thing is 
also said to be " secularized " when it is changed from an " ecclesias- 
tical" use, purpose, or control, to a secular one. JEscriche, Diccionario 
de Legislacion ; Religioso, Clerigo, Secular y Secidarizacion. A Mis- 
sion is therefore secularized when its temporalities are given in charge 
to a secular or civil officer, when its Missionary establishment is super- 
ceded, converted into a curacy, and given into the charge of a Secular 
Priest. Jones's Report, p. 13. 

The Rights of Pueblos, as Such. 

§ 28. The Hispano- American laws recognized the mode of found- 
ing towns by contract, and provided ample compensation for such em- 



22 PUEBLOS HAD A RIGHT TO LANDS. 

presarios — contractors or undertakers — as would agree to make such 
settlements under certain fixed conditions. Thus it was enacted by an 
ordinance of King Philip the Second, (who died in 1598,) that to every 
such contractor founding such a settlement, composed of at least thirty 
heads of families, and complying with the requisite conditions, there 
should be given four square leagues of land, to be measured in a 
square, or in a prolonged parallellogram, according to the nature of the 
ground. Recopilacion de Leyes de los Reynos de las Indias, Lib. IV, 
Tit. V, Ley 6. (Vol. II, folio 89, Madrid edit, of 1774.) See the 
law in full, Addenda, No. I. Subsequently, the same privileges and 
the same donation of land were extended to any number of married 
men, not fewer than ten. Ibid. Lib. IV, Tit. V, Ley X, (Vol. II, 
fol. 89.) See the law in full, Addenda, No. II. It has been very in- 
geniously suggested that this law did not apply to New Spain, but was 
confined to Old Spain ; probably because the law is found among the 
laws enacted for the Indies only, which included Mexico and New 
Spain, and because it provided against encroachment upon the rights 
of the Indian Pueblos ! In effect, it is suggested that these laws did 
not apply to the Spanish colonies, because in truth they were specially 
devised for those colonies, and had no application to anything else ! 

No Special Grant of Land was Needed. 

§ 29. It is often asked where is the grant of these Pueblo 
lands ? Who has ever seen it ? If a paper title, or a document writ- 
ten on parchment, signed, sealed and delivered, is to be produced, or 
its former existence proved, it may be conceded that there was no 
grant. But no such paper or parchment grant ever existed. It was 
enough that every Pueblo, when it reached a certain state of develop- 
ment, became ipso facto entitled to certain rights in land. It is enough 
that that development was attained by the Pueblo of San Francisco, 
was officially conceded to exist by the Government, and its rights in 
its Pueblo lands also recognized. It is not by an actual printed or 
written deed of conveyance that the present City of San Francisco 
holds its Beach and Water Lots, but only by a Legislative declaration 
in the form of a law. Laws 1851, chap. 41, page 307. When special 
corporations are created by a general statute, their general powers are 
not enumerated, but they obtain them from the general Act. Laws of 
1850, page 347, which declares that " every corporation, as such, shall 
have power," — etc., etc. So the laws of Spain and Mexico have de- 
clared from time immemorial that "every fully organized Pueblo, as 
such, shall be entitled to four square leagues of land," as we have just 
seen in the next preceding section. 

How the Measurement of Pueblo Lands was to be made. 

§ 30. The Spanish law, with that extreme minuteness and pre- 
cision which eminently characterize it, provided for the survey of all 
donations or appropriations of public lands in those regulations called 
" Ordenanzas de Tierras y Aguas? Without entering into the geo- 



EXPLORATION OF SAN FRANCISCO BAY A. D. 1772. 23 

metrical and arithmetical details of these regulations, it is sufficient for 
our present purpose to observe that, in case there were no natural ob- 
stacles, such Pueblo lands were to be surveyed in the form of a 
square, first establishing a central point, which in the case of a Pueblo 
was the centre of the Plaza, or Public Square, from which transverse 
lines were drawn in the direction of the four cardinal points, and then 
squared ; but that if the nature of the ground did not admit of that 
mode of surveying, as, for example, if the sea, mountains, lakes, deserts, 
rocky wastes, or the like, interposed, then the requisite quantity of land 
was to be made up in some other convenient direction ; or the survey 
might be made in the direction in which mountains, lakes and other 
wastes were found, in which case they would be included within the 
boundaries, but rejected from the computed area of the measurement. 
Ordenanza de Tierra y Aguas, chap. XI, pages 181, 185, 187. 
(Edition of Madrid and Paris, 1855). For the mode of making such 
and the like surveys, see the same work, Figure 11, page 170 of the 
same edition. It is not necessary to refer minutely to these details, 
as the peninsula of San Francisco is of such conformation that the 
tide waters of the ocean and Bay present natural obstacles in every 
direction, except towards the south. The four leagues of the Pueblo 
must therefore be determined by taking all the land embraced in the 
peninsula north of such a parallel of latitude, as, with its tide-water 
limits, shall include four square leagues. See the maps of the U. S. 
Coast Survey, and the map prefixed to this argument. The map 
prefixed to Langley's San Francisco Directory for 1862 contains the 
section lines of the U. S. Land Office survey for the tract embraced 
in the county of San Francisco, and they can easily be extended 
through the whole map. I shall refer to it as Langley's map. 

A. D. 1769—1770. 

Foundation of the First two Presidios in California : San 
Diego and Monterey. 
§ 31. Pursuant to the above mentioned scheme of the Civil and 
Religious conquest of California, two Presidios were immediately 
founded in Upper California, that of San Diego, Lat. 32° 39' 30" North, 
in 1769, ( 1 De Mofras, 328, 332,) that of Monterey, Lat. 36° 37' 15" 
North, in 1770, ( 1 De Mofras, 395, 403). Near those Presidios, as a 
part of the plan of civil and religious colonization of the country, were 
founded, in the same years respectively, the Mission of San Diego, 
near the Presidio of that name, and the Mission del Carmelo, near the 
Presidio of Monterey. See Addenda, No. LXVII, page 97. 

Exploration of the Harbor of San Francisco. 
§ 32. But the establishment of these two Presidios of San Diego 
and Monterey, with the consequent support which they gave to the 
pious labors of the missionaries, did not satisfy those devoted men. 
Father Junipero Serra, the founder and first President of the Fran- 
ciscan Missions of Upper California, and the real conqueror of this 



24 INSTRUCTIONS TO COMMANDANTS A. D. 1773. 

region, with that pious zeal for the salvation of souls which prompted 
him ever to go on with the conquest (ir a la conquista!) represented 
to the Marquis de la Croix, the then Vice-Roy of Mexico, that it was 
a reproach to Catholic Christianity that there was no Mission dedicated 
to San Francisco de Asis, the founder and patron of the order which 
bore his name. There is a current and credible tradition among the 
old native Californians that the Vice-Roy replied : " If our Father 
" San Francisco wants a Mission dedicated to him, let him show us a 
" good port up beyond Monterey, and we will build him a Mission 
there !" Long before this there had existed a tradition, coming down 
from the early navigators, that on the North- Western Coast, about a 
hundred miles north of Monterey, there existed the entrance of a large 
bay, through which vast volumes of fresh water poured into the sea 
from rivers flowing from an unknown distance in the interior. But 
later explorers had not been able to find this entrance, probably 
because then, as now, a thick fog frequently obscured the entrance of 
the Golden Gate. Sir Francis Drake did not succeed in entering the 
straits, but anchored instead in the bay a few miles above to which he 
gave his name, designating the white cliffs which bound it as New 
Albion. This bay afterwards was often reached by the explorers who 
were seeking the real " Bay of San Francisco," as it has often in our 
time been mistaken for it by careless or eager navigators, and thus 
made the scene of numerous disasters ; and in the time of the Marquis 
de Croix, the Bay of San Francisco had come to be considered quite 
as apocryphal as the Island of Formosa or the Antarctic Continent of 
Commodore Wilkes in our day. It was therefore with a feeling of 
prayerful humorousness that the Vice-Roy invoked the aid of Saint 
Francisco in the discovery of this concealed harbor. Father Junipero, 
however, took the Vice-Roy at his word, and, sailing from Monterey 
in 1772, happily established the existence of the Bay of San Francisco, 
which he re-discovered, and to which he permanently affixed the name 
of the patron of his order. Vida del Venerable Padre Fray Junipero 
Serra, por Palou Cap. XXX, etc. 

A. D. 1773. 

Instructions to Commandants of Presidios in California 

in 1773. 

§ 33. As late as 1773 only the two Presidios of San Diego and 
Monterey having been founded in California, as I have stated in 
preceding § 31, instructions were given to the Commandantes of 
those Presidios to assign common lands, suertes, solares, and sitios to 
Indians and colonists, which instructions are found at large in the 
California Archives, Vol. I of Missions and Colonization, page 812, 
etc. A few of these instructions are printed in the Addenda, No. Ill, 
pages 2 and 3. They have the value of showing that at this early 
date there were pobladores, or colonists in California, and that the 
object of these Instructions was to provide that these colonists should 
have lands distributed to them, even though they were not sufficiently 



SAN FRANCISCO FOUNDED A. D. 1776. 25 

numerous to form such Pueblos as were entitled to the four square 
leagues of land. They show, also, that these settlements were to be 
compact, to be made in general conformity with the laws which I have 
cited in the preceding § 30 of this argument ; and were intended to 
form the cores of fully organized Pueblos. The Pueblo of San Jose, 
founded in the year 1777, 1 De Mofras, 413, seems to have been 
founded under these special regulations ; and in fact the espediente on 
that subject found in the Archives seems to demonstrate that there 
were not ten heads of families among its colonists, and in that case the 
new Pueblo was not entitled to all the rights of a complete Pueblo 
under the laws contained in the Addenda, Nos. I and II. See Cali- 
fornia Archives, Vol. I, Missions and Colonization, p. 683, etc. 

A. D. 1776. 
Foundation of the Presidio and Mission of San Francisco. 

§ 34. The Bay of San Francisco having been re-discovered, as I 
have stated in § 32 of this argument, the then Vice-Roy of New 
Spain — the Marquis de Croix — thereupon, by an order dated Novem- 
ber 12th, 1775, gave directions for the foundation of a Fort, Presidio 
and Mission upon the Bay of San Francisco. California Archives, 
Vol. I of Provincial State Papers, page 100, etc. The colonists with 
their cattle and the necessary provisions for the journey were to go by 
land from Monterey, while the rest of the equipment was sent from 
the same port*by sea. 

" The said overland expedition left the ' presidio ' of Monterey on 
"the appointed day, 17th of June of said year of 1776; it was com- 
" posed of the said lieutenant commanding, Don Jose Moraga, one 
" sergeant and sixteen soldiers clad in leather — all married men with 
" large families [todos casados y con crecidas familias, de siete pobla- 
" dores tambien casados y con familias], of some followers and ser- 
" vants of the samei of herdsmen and drovers who drove the neat stock 
" of the Presidio, and the pack train with provisions and necessary 
" equipage for the road, the rest of the freight being left for the vessel 
" which was about to sail. And as regards the Mission, we, the two 
" missionaries above named, joined the party with two young men- 
" servants for the Mission, two neophyte Indians of old California, and 
"another of the Mission of San Carlos for the purpose of trying 
" whether he could serve as an interpreter ; but as the idiom was found 
" to be a different one, he only served to take care of the cows that 
" were brought for the purpose of raising a stock of cattle. The said 
" expedition went on towards this port." Vide de Junipero Serra, por 
Palou, Cap. XLV. The Presidio was founded the 17th of Septem- 
ber, and the Mission the 9th of October, 1776. The colony, it will be 
observed, consisted of eight pure colonists and sixteen soldiers, all 
married, that is, of twenty-four heads of families. The Presidio and 
Mission occupied the localities designated by those names on the 
accompanying map. A Fort was soon after built upon the " Fort 
Point " indicated on the same map. 



26 THE NAME SAN FRANCISCO DE ASIS. 

The name * San Francisco de Asis." 

§ 35. The new settlements having been founded in honor of the 
Patron saint of the " Order of Franciscans" his name, " San Fran- 
cisco de Asis, — San Francisco of Assisi," was properly given to them. 
The addition of " de Asis " was necessary to prevent confusion, to give a 
specific designation to the title " San Francisco," which, from the num- 
ber of saints of that name was hardly more than generic. For in the 
calendar of Saints, there were at least three thus canonized. San 
Francisco de Asis, — so called because born at Assist, in Italy, A. d. 
1182, the founder and patron of the Franciscans ; San Francisco de 
Paula, born at Paida, in Italy, A. d. 1416, the founder of the Missions; 
San Francisco Solano, born at Sales, in Savoy, a. d. 1567.* So that 
San Francisco de Asis, as applied to the Mission, the Presidio, and 
the Presidial-Pueblo, was then the complete, and therefore the only cor- 
rect designation of each settlement respectively, and without this full 
designation the term " San Francisco " simply must have created con- 
fusion, except when used in the immediate vicinity of those popula- 
tions. San Francisco Solano had a Mission in this vicinity, at So- 
noma. See Addenda, No. LXVII, page 97. In Lippincott's 
Gazetteer, a. d. 1860, are Jive San Franciscos, all Hispano- Amer- 
ican, and none of recent origin. What would the simple term 
" San Francisco " have suggested to a Spanish king, colonial min- 
ister or viceroy, forty years ago ? There is even a port of " San 
Francisco " on the "Western Coast of Lower California, in Lat. 
30° 45' N. Long. 113° 40' W.t and near it an old Jesuit Mission of 
the same name. Cal. Archives, Vol. I, Miss, and Colon., p. 288. The 
Mission of San Francisco de Asis early came to be called the Mission 
de los Dolores de nuestro Padre San Francisco de Asis," [of the 
anguish or sufferings] probably to avoid any confusion between the 
designation of the Mission and the Presidio, or Pres/ dial-Pueblo. Thus 
when we find the Presidio or Pueblo styled " San Francisco de Asis,'* 
we should recognize only their full designation, and not confound them 
with the Mission, but rather the contrary. 

A. D. 1779. 

Felipe de Neve's Regulations op Colonization for Cali- 
fornia. 

§ 36. Prominent among the acts of legislation respecting the colo- 
nization of California, stand the celebrated " Regulations for the gov- 
" ernment of the Province of California by Don Felipe de Neve, Gov- 
" ernor of the same, dated in the Royal Presidio of San Carlos de 

. * See Butler's Lives of the Saints, and the Encyclopaedias generally, 
t Note. — There is a current and true anecdote of one of the early commanders of the 
Pacific Mail Steamship Company, who was sent from New York, in 1848, before the 
discovery of gold in California was announced there, to obtain a cargo of coal at Cardiff, 
Wales, and bring it to San Francisco, who, in good faith, made this port of San Fran- 
cisco in Lower California, as his port of destination. Vive Le Roy ! 



de neve's regulations of colonization a. d. 1T79. 27 
/?>9 

"Monterey, 1st June, 1TO5, and approved by his Majesty in a Eoyal 
"order of the 24th October, 1781."* The first section of this Title 
fully expresses the purpose of these Regulations. 

" 1st. The object of greatest importance toward the fulfillment of 
"the pious intentions of the King, our master, and towards securing to 
" his Majesty the dominion of the extensive country which occupies a 
" space of more than two hundred leagues, comprehending the new 
" establishment of the presidios, and the respective ports of San Diego, 
" Monterey, and San Francisco, being to forward the reduction of, and 
" as far as possible to make this vast country (which, with the excep- 
" tion of seventeen hundred and forty-nine Christians of both sexes in 
" the eight missions on the road which leads from the first to the last 
" named presidio, is inhabited by innumerable heathens) useful to the 
" State, by erecting pueblos of white people, (pueblos de gente de ra- 
"zon) who, being united, may encourage agriculture, planting, the 
" breeding of cattle, and successively the other branches of industry ; 
" so that some years hence their produce may be sufficient to provide 
" garrisons of the presidios with provisions and horses, thereby obviat- 
" ing the distance of transportation and the risks and losses which the 
" royal government suffers thereby. With this just idea, the Pueblo of 
" San Jose has been founded and peopled ; and the erection of another 
"is determined upon, in which the colonists (pobladores) and their 
" families, from the provinces of Sonora and Sinaloa, will establish 
" themselves, the progressive augmentation of which, and of the families 
" of the troops, will provide for the establishment of other towns, and 
" furnish recruits for the presidio companies, thus freeing the royal 
"revenue from the indispensable expenses at present required for these 
" purposes." 

§ 37. The following regulations provide for the distribution of 
house lots and cultivable lands (solares y suertes de tierra) among the 
pobladores and vecinos ; (poblador conditor, founder, settler ; vecino, 
municeps, citizen ; Salva,) §§ 2, 4, 6 ; that moneys, rations, agricul- 
tural implements and domestic animals shall be furnished to the colo- 
nists, §§ 2, 3 ; that they shall be exempt from taxes for a certain 
period, § 9 ; that the lands granted to them shall be inalienable, not 
capable of hypothecation, and perpetually hereditary, § 6 ; and many 
other articles exhibiting a wise and beneficent spirit of legislation, curi- 
ous to study, but not necessary to our present purpose, inasmuch as this 
system was soon superseded by another. It is curious, however, to 
note that § 1 6 provided that every colonist to whom lands were granted 
under that law, was bound to keep himself constantly equipped with 
two horses, a saddle complete, a musket, besides other arms, ready to 
march at the order of the Governor. It was provided by § 17 that 
the titles to lands should be made out by the Governor or commissary 
whom he might appoint for that purpose, and that records of the same 

* The fourteenth title of these Regulations, relating to the colonization and political 
government of California, is printed in full in the Addenda, No. IV, page 3, etc. De 
Neve was Governor of California. See a list of the Colonial Governors Addenda, 
No. LXXIX. 



28 THE FOUR SQUARE LEAGUES RECOGNIZED. 

should be kept in the general book of colonization in the Government 
archives. The municipal expenses are called, in § 14, " gastos de 
republic a." See Addenda, No. IV, page 3, etc. 

The Four Square Leagues Recognized. 

§ 38. The principal value of this document consists in the fact that 
it incidentally assumes the existence of previous laws, which assigned 
four square leagues of land to each Pueblo, and that it everywhere 
avoids that confusion of terms which has been attempted to be intro- 
duced into this discussion. It is provided as follows by § 4 of this law : 
(Addenda, No. IV, § 4, page 4,) "the house lots to be granted to the 
new pobladores (colonists) are to be designated in the situations and 
the extent corresponding to the locality on which the new pueblos are 
to be established, so that a square and streets be formed agreeably to 
the provisions of the laws of the kingdom ; and conformably to the 
same there shall be designated competent ejidos for the Pueblo, and 
dekesas, together with the cultivable lands which may be suitable for 
propios : (conforme a lo prevenido por las Leyes del Reyna, y con su 
arreglo se senalara exido competente para et Pueblo y dehesas con las 
tierras de labor que convenganpara propios.* In § 8 it is provided 
that the new colonists shall enjoy, for the purpose of maintaining their 
cattle, the use in common of the water and pasturage, fire-wood and 
timber of the ejido, forest, and dehesa, which are to be designated 
according to law to each new Pueblo. Addenda, No. IV, § 8, page 5. 
From these references and enumerations, it is established : 

First: That each new Pueblo (cada nuevo Pueblo) had a right, ac- 
cording to previous laws alluded to, but not specifically mentioned, to 
the admeasurement of certain lands, and we find no such laws except 
those above cited in § 28 of this argument. 

Secondly : That these lands were divided into Suertes, Solares, Pro- 
pios, Ejidos, Montes and Dejesas, designations perfectly distinct, and 
in no case to be confounded with each other : and that these terms, as 
thus used, completely justify the definitions we have given them in 
§§ 10 to 15, inclusive, of this argument. 

TJiirdlg : That in the ejidos, montes, and dejesas of a Pueblo all 
the inhabitants had a right of common. 

The original of this document is to be found in the Archives, Vol. 
I, of Missions and Colonization, page 761. — An English translation is 
contained in 1 Rockwell, 445, and also in Halleck's Report, app., 2, 
Exec. Doc. No. 17, H. of Reps., 31st Cong., 1st Sess., p. 134, and 
printed in the Addenda, No. IV, page 3 ; but this translation is not 
to be always relied upon for the exact rendering of legal terms. For 
example, comun is not exactly rendered by community, nor is common 
lands a full translation of the term ejidos. See §§ 14 and 17 of this 

* I Bhall show, hereafter, that although the four leagues belonging to a Pneblo were 
capable of being divided into ejidos and dehesas, that the right of property in these four 
leagues did not depend upon this division, but existed antecedent to, and irrespective of, 
such division, which might or might not be effected. 



THE PUEBLO LANDS AGAIN RECOGNIZED A. D. 1786. 29 

argument. The original rough draft and the perfected one, and the 
official printed copy, form one of the most valuable curiosities 
of the Archives, and are to be found in Volume I of Missions and 
Colonization, at pages 636, 507, and 733 respectively. 

A. D. 1786. 

a cotemporary official construction of the four-league 
Grant to Pueblos. 

§ 39. That the construction I have put upon the preceding Regu- 
lations of Felipe de Neve is correct in regard to the four square leagues 
to which organized Pueblos were entitled appears from the highest 
authority, that of the Vice-royalty of New Spain, which I am about to 
cite. ("In November, 1784, certain settlers in California petitioned the 
Governor of that province for grants of lands which were situated 
within the four square leagues belonging to the Pueblos. The Gov- 
ernor reported this fact to the Commandante General, together with 
his recommendation that the prayer of the petition be granted. The 
matter was referred by the Commandante General to Galindo Navarro, 
who was Asesor, an officer whose functions in this respect seem to have 
exactly corresponded to those of Attorney General under our laws. 
In his report, dated at Chihuahua, October 27th, 1785, which was ap-^ 
proved by the Commandante General on June 21st, 1786, and re- 
turned to the Governor of California for his instruction, where it now 
remains in the Archives, Vol. I Missions and Colonization, page 809, 
and is also in evidence in the case, Exhibit V, and printed in full in 
the Addenda, No. VI, page 9, referring to the preceding Regulations 
of Felipe de Neve, he says : 

"In title 14 of the Regulation for that Peninsula,* approved by his 
"Majesty in a Royal Order of the 24th of October, 1781, it is 
" directed by Art. 8 that the new settlers should enjoy, for the mainten- 
" ance of their stock, the common advantage of waters and pastures, 
" wood and timber of the commons, (ejidos,) forests, (montes,) and 
" pasture grounds, (dehesas,) which, in compliance with the laws, are 
" to be marked out to each Pueblo : (Se ha de senalar a cada Pueblo). 

*7v * "7V *7T w TT 

" In allotting of tracts of land for cattle, (sitios,) which some set- 
" tiers in California claim, and the Governor proposes in his official 
"communication of the 20th November, 1784, cannot nor ought to be 
" made to them within the boundaries assigned to each Pueblo, which, 
" in conformity with the law 6, title 5, lib. 4, of the Recopilacion, must 
" be (deben ser) four leagues of land in a square or oblong body, 
" according to the nature of the ground; because the petition of the 
" new settlers would tend to make them private owners of the forests, 
" pastures, water, timber, woods and other advantages of the lands 
" which may be assigned, granted and distributed to them, and to 
" deprive their neighbors of these benefits, it is seen at once that their 
" claim is entirely contrary to the directions of the aforementioned 

* California was always called a peninsula by the Spaniards. 



30 COLONIZATION 

" laws and the express provision in Art. 8 of the Instructions for settle- 
" ments (Poblaciones) in the Californias, according to which all the 
" waters, pastures, wood and timber within the limits which, in confor- 
" mity to law, may be allowed to each Pueblo, must be for the common 
" advantage, so that all the new settlers may enjoy and partake of them, 
" maintaining therein their cattle and participating of the other benefits 
" that may be produced : [result]." . 

From this opinion of Navarro it follows : 

First : That the Regulations of Felipe de Neve did not abolish 
law 6, title 5, liber 4 of the Recopilacion de los Leyes de los Indios, 
which assigned four leagues of land to each organized Pueblo, but that 
the said law remained in full force, as I have insisted in § 28 of this 
argument. 

Secondly : That this dedication of the four leagues of land to 
each Pueblo was so absolute that even the Governor of California 
could not, at that time, (1784-6,) make any grants of grazing lands 
(sitios) within those four leagues,, 

Thirdly : That the only object of the assignment of the four 
leagues by actual measurement, was to ascertain what particular four 
leagues were thus assigned, under such obstacles as might or might 
not be presented, " according to the nature of the ground," whence we 
are entitled to infer that if these natural obstacles were such that only 
one particular parcel of land could by any possibility be included in 
that assignment of four leagues, then that particular parcel of four 
leagues necessarily belonged to the respective Pueblo, without any 
admeasurement. As for instance, if the Pueblo were founded on an 
island containing exactly four leagues, or less, or if it were situated, 
like the Pueblo of San Francisco, on a peninsula, less than two leagues 
in average breadth, and on which the measurement could be in only one 
direction, namely from the head of the peninsula southivards. See 
map prefixed, and also Langley's map, mentioned in § 30 of this 
argument. 

Fourthly : That although it was a historical and well known fact 
that the allotted tract of four square leagues had never been admeas- 
ured to any Pueblo in California in the years 1784, 1785, 1786, still 
the Government protected the proprietary rights of the Pueblos in 
those adjacent lands which it was presumed would fall within the limits 
of those four leagues. 

A. D. 1789. 

Regulations for Colonization for California — Called the 
Plan of Pitic. 

§ 40, The first section of the regulations of Felipe de Neve recite 
that the Pueblo of San Jose had already been founded, and that it was 
in contemplation to found another. See Ante § 37, Addenda, No. IV, 
page 3, § 1. This other Pueblo, that of Los Angeles, was accord- 
ingly founded, under these regulations, by the Governor of California, 
in December of the same year, 1781. 1 De Mofras, 353. There is 
no record that any other Pueblo was ever founded under these regu- 



WHO DEVISED THE PLAN OF PITIC. 31 

lations, which, it will be borne in mind, were purely civil Pueblos of 
the first class mentioned in § 19 of this argument, and were, on the 
face of the regulations, wholly disconnected from the military Presidios, 
except as providing supplies and recruits for them, and furnishing a 
place of, residence for the increase of their families, and a retreat for 
the soldiers in their old age. Regulations, §§ 1, 5, 14, 15. Addenda, 
No. IV, page 4. The whole system was almost immediately changed, 
by the substitution of what is called the PLAN OF PITIC. 

By Whom this Plan of Pitic was Promulgated. 

§ 41. As matter properly introductory to this Plan, and absolutely 
necessary to the comprehension of its legal effect, I am permitted to 
copy the following condensed statement from the manuscript memo- 
randa of R. C. Hopkins, Esq., Keeper of the Archives : " In the year 
" 1776, in order to assist the Viceroy in the discharge of the duties of 
" his office, and in some degree to relieve him from the onerous burden 
" the ' Comandancia General de Provincial Internes ' was established, 
" but as soon as his Excellency, Don Teodoro de Croix, who was ap- 
" pointed to the office of Commandante-General, had taken charge of 
" the same, he foresaw the difficulties he would have in properly dis- 
" charging the duties of the same, without subordinate assistance. He, 
" therefore, petitioned his Majesty for a division of the territory em- 
" braced in the Comandancia General, representing that it was impos- 
" sible for him at Arispe (his headquarters) to properly attend to mat- 
" ters in the distant Provinces of Coahuila and Texas. Although said 
" petition was taken under consideration, yet, as the government was 
" much occupied with the war with England, no steps were taken in 
"the matter, till 1786, when royal instructions were issued, authorizing 
" the Comandante-General to place the Provinces of Nueva-Vizcaya, 
" and New Mexico under the charge of the Comandante-Inspector, and 
" those of Texas and Coahuila under the charge of Don Juan Ugalde, 
" the Comandante-General himself having charge of the Provinces of 
" Sonora and California — and exercising general supervision of the 
" whole extent of territory. 

" But as these instructions did not meet the wants of the case, on 
"the 3d of December, 1789, provisional Regulations were made by the 
" Viceroy, subject to the royal approbation, to take effect on the 1st of 
"January, 1788. Art. 1st of said Regulations provided that the then 
" Comandante-General, Don Jacobo Ugarte y Loyola, should remain in 
" command of the Provinces of the Californias, Sonora, New Mexico, 
" and New Vizcaya, exercising in the same all the authority delegated 
" to him by the King. This was styled the Comandancia General of 
" the Four Interior Provinces of the West. Under this Comandante- 
" General there was one Comandante-Inspector, and three Ayudante- 
" Inspectors. The Comandante-General had no fixed residence, but 
" went from place to place, wherever his presence might be most re- 
" quired. Art. 9th of said Regulation, established a second Comandan- 
" cia General, comprising the Provinces of Coahuila, Texas, Nueva 



32 OCCASION OP THE PLAN OF PITIC. 

" Reyno de Leon and the Colony of New Santander, under the style 
"of the Comandancia of the Four Interior Provinces of the East. 
" The same being under the charge of Colonel Don Juan Ugalde." 
Archives, Vol. I, of Missions and Colonization, page 378. So that the 
"Plan of Pitic" promulgated at Chihuahua, on the 14th of November, 
1789, became at that time the law of colonization of the Comandancia- 
" General of the Four Interior Provinces of the West," namely, Cali- 
fornia, Sonora, New Mexico, and New Vizcaya (Biscay). The author- 
ity of the Asesor Navarro and of the Comandante General Ugarte to 
construe the Kegulations of Felipe de Neva, as set forth in § 39 of 
this argument, also distinctly appears from the above historical sketch. 

A. D. 1789. 

Occasion of the Plan of Pitic. 

§ 42. This plan of Pitic, Exhibit ZZ, Addenda, No. VII, page 
11, is from the Archives, Vol. I, of Missions and Colonization, page 853. 
This town of Pitic which was thus founded, was, like San Francisco, 
Santa Barbara, and Monterey, a Presidial-Pueblo, for the Presidio 
7t/t*. c °f San Miguel de Orcavitas was removed to the locality of Tepic in 
order to protect and guard the new settlement. Plan of Pitic, § 3, 
Addenda, No. VII, § 3, page 11. The pressing reasons in which this 
new plan originated are not stated in any of the documents, but in a 
map inserted in a curious History of Lower California, published in 
German at Mannheim, in 1773, by Father Begert, a Jesuit Ex-Mis- 
sionary of that Peninsula, the site of Guayamas is marked with a cross 
and the inscription " Guayamas M. distr. per Apostatas Seris ;" Guaya- 
mas Mission, destroyed by the apostate Seris (Indians.) (Nachrichten 
von der Amerikanischen Halb-Insel Californien ; geschrieben von einem 
Priester der Gesellschaft Jesu, welcher lang darinn diese letzere Jahr 
gelebet hat. Mannheim, 1773). The Seris were a tribe of warlike and 
exceedingly barbarous Indians, who fought as they still fight, with ar- 
rows doubly poisoned, by means of a most horrible fermentation.* The 
modern city of Hermosillo, with a population of 20,000, represents the 
Pueblo thus founded, while of the Seris Indians, who then occupied 
the country, but whose designation seems to have puzzled the transla- 
tor of this " Plan." ( See §§ 2 and 6 of the Plan). Addenda, No. 
VII, pages 11, 12. —.One portion, which is Christianized, reside in their 
own village near Hermoisillo (Pitic) in the town provided for them in 
§ 6 of the Plan, and the other, still savage, occupy the island of Tibu- 
ron, in the Gulf of California, north of Guayamas, a terror to the white 
inhabitants. Bartlett's personal narrative, Vol. I, pp. 463, 466 ; 1 De 

*Note. — "They first kill a cow and take from it its liver ; they then collect rattle - 
" snakes, scorpions, centipedes, and tarantulas, which they confine in a hole with the 
" liver. The next process is to heat them with sticks, in order to enrage them, and being 
" thus infuriated, they fasten their fangs and exhaust their venom upon each other and 
" upon the liver. When the whole mass is in a state of corruption, the women take the 
"arrows and pass their points through it ; they are then allowed to dry in the shade." 
Bartlett, as above. Hardy's Travels in Mexico, London, 1829, p. 298. 



MAIN FEATURES OF THIS PLAN OF PITIC. 33 

Mofras, 181. In their barbarous warfare, doubtless, originated this 
new " Plan " of colonization. 

Main Features of this Plan op Pitic. 

§ 43. The main features of this Plan of Pitic are those which 
generally characterize the wise, pious, and eminently practical schemes 
of colonization which emanated from the kings of Spain and the saga- 
cious councellors by whom they were guided. The right of the town to 
four leagues is recognized in the second section of the Plan. Addenda, 
No. VII, page 11. If it be contended that the phrase " may be grant- 
ed to the town in question four leagues," is only a permissive one, we re- 
ply that the phrase "podra conceder" (literally " shall can be granted ") 
has a force nearer to "must" than to "may," and that this is one of those 
cases where no discretionary power being vested in the officer, even the 
word " may " means " shall " and is imperative. Sedgwick on Statu- 
tory and Constitutional Law, 438, 439. The object being to found a 
town with reference to pre-existing and unrepealed laws. That this is 
the true interpretation appears from Section Six of the Plan, where the 
concession of the four leagues to the new town is taken for granted, 
and the right of commons in that tract of land is expressly declared : 
" the tract of four leagues granted to the new settlement being meas- 
ured and marked out : demarcado y amonohado que sea el terreno 
concedido a la nueva poblacion." So also Section Eleventh of the 
Plan gives the same definition to Ejidos which is given in § 14 of this 
argument, — a place at the exit or immediate surroundings of the 
Pueblo, suitable for the settlers to amuse themselves, and where a few 
milch cows could be pastured, while sections twelve and thirteen again 
place the ejidos and dehesas in opposition, and fully define the latter 
term (dehesas) : " § 13. The laying out of the commons and of the 
common pasture grounds, or vast pasture of the herds being com- 
pleted ; evacuando et senalmiento de los ejidos y a la dehesa comun d 
Prado Boyair This last phrase is hardly translatable without a 
periphrasis. Prado Boyal, which is thus used as a definition of dehesa, 
is rendered in Latin by Pratum bovillum, and designates the great 
pasture grounds where the vast herds roamed distant from the Pueblo. 
The lands granted to the settlers were to be distributed by a commis- 
sion in the name of the king, and alienation, hypothecation and 
mortmain were carefully guarded against, §§ 17, 18 ; and when the 
settlement counted thirty heads of families, it was to have alcaldes, 
councilmen and an Ayuntamiento or Common Council of its own, §§ 4, 
5, 17, and the Ayuntamientos were to pass " municipal ordinances " 
for the economical and political management of the Pueblo. § 24. 

A. D. 1791. 
Another Official Constuction of the Four-League Law. 
The Presidios declared to be Pueblos, and each en- 
titled to Four Leagues of Land. 

§ 44. We have seen that a question arose in the year 1784, 
3 



34 THE PRESIDIOS DECLARED TO BE PUEBLOS AND 

whether sitios, or large tracts of grazing lands might not be granted to 
settlers within the four leagues belonging to the Pueblos, and that it 
was decided that such grants could not be made within those limits, 
because that would be prejudicial to the rights of the Pueblos. § 39 
of this argument, and also Addenda, No. VI, page 9. Very singularly 
a contest of an opposite nature arose within the next seven years, and 
the point presented seems to have been announced in this form : Cap- 
tains of Presidios cannot grant house-lots (solares) or cultivable lands 
(suertes) to soldiers and citizens ; but granted that they have that 
power, then they are restricted in the exercise of it to the tract of four 
leagues belonging to the Presidial-Pueblos. For the government of 
New Spain, which included all the Hispano-American Provinces of 
Mexico and to the north of it, there were promulgated at Madrid, on 
December 4th, 1786, certain directions called familiarly the " Orde- 
nanza de Intendentes," but whose full title was, " A Royal Ordinance 
for the empowering (establecimiento) and direction of the Intendentes 
(Vice-Governors) of the army and province of New Spain. (Real 
Ordenanza para et Establecimiento e Instruccion de Intendentes de 
Exercito y Provincia en el Reino de la Nueva-Espana. De orden de 
su Magestad. Madrid, Ano de 1786). By article 81 of this " Orden- 
anza de Intendentes," it is provided that the Intendentes shall be 
judges of the propriety of distribution of the " Royal lands," (Realen- 
gos) and shall decide upon all grants of them. The question then 
arose ; " Can the Captains of the Presidios make grants of lands which 
" shall be valid without the consent of the Intendentes ; and if so, can 
"they make valid grants of lands outside of the Pueblo limits of four 
leagues?" The following is the decision of the then Comandante- 
General, Pedro de Nava, in which he decrees that the Captain of a 
Presidial-Pueblo had an unlimited power to grant lands within the 
four leagues belonging to the Pueblo, but had no power to make 
grants outside of those four leagues : 

" In conformity with the opinion of the Asesor of the Comandante 
" General, I have determined in a decree of this date, that notwith- 
u standing the provisions made in the 81st Article of the Ordenanza of 
•" Intendentes, the captains of Presidios are authorized to grant and dis- 
" tribute house-lots and lands to the soldiers and citizens who may 
•" solicit them to fix their residences on : (corresponde a los Capi- 
•" tanes de Presidio mercenar y repartir solares y tierres a los Sol- 
M dados y vecinos que los pidieren para figar su residentia en ellos.) 
u And considering the extent of four common leagues measured from 
u the centre of the Presidio square, namely, two leagues in every direc- 
" tion, to be sufficient for the new Pueblos which are growing up under 
" the protection of the said Presidios, I have likewise determined, in 
" order to avoid doubts and disputes in future, that said captains res- 
" irict themselves henceforward to the house-lots and lands within the 
u four leagues already mentioned, without exceeding in any manner 
u the said limits, leaving free and open the exclusive jurisdiction belong- 
" ing to the Intendentes of the royal hacienda, respecting the sale, com- 
u position and distribution of the remainder of the land in the respective 



a. d. 1791. 35 

" districts :) considerandose suficiente para las nuevas poblaciones que 
" van formnandose, [literally ' which are going on forming themselves '] 
"a su abrigo el termino de cuatro leguas communes medidas desde el 
"centro de la Plaza del Presidio, dos para cada viento. * * * 
" que los capitanes se limiten desde ahora en la consecion de mercedes 
"de solares y tierras a las que estuviesen comprehendidas en dichas 
"cuatro leguas sin excedese en manera alguna.) And that this order 
"may be punctually observed and carried into effect, you will circulate 
" it to the captains and comandantes of the Presidios of your province, 
"informing me of having done so. God preserve you many years. 

"Chihuahua, Oct. 22nd, 1791. 

" Pedro de Nerva. ^t <^ 

"To Seiior Don Jose Antonio RoMERO- .'^onteo- 

This document is the Exhibit Z in this case. It is found also in 1 
Rockwell, 451, not translated with entire precision, and misdated 
March, instead of October. The original is in the Archives, Vol. I of 
Missions and Colonization, page 850, and the approval of it dated Jan. 
19, 1793, is found at page 814 of the same volume. It is printed in 
full in the Addenda, No. VIII, page 17. 

From this valuable document it appears : 

First : That the " Intendentes " who had the right to decide upon 
the propriety of grants made out of the Royal lands, had no such right 
in regard to lands granted within the four leagues belonging to Pueblos, 
because belonging to the Pueblos, the king had no ownership in them, 
although they were granted in his name under every system. Regu- 
lations of 1781, 1 Rockwell 447, § 5, Addenda No. IV, § 5, page 5 ; 
Plan of Pitic, § 18, Addenda, No. VII, page 15. 

Secondly: That e converso, because the lands lying outside of the 
four leagues did not belong to the Pueblo, but did belong to the king ; 
the captains of Presidios, who could grant only the lands belonging 
to Presidial-Pueblos, had no authority to grant those outside 
lands. Also that each Presidial-Pueblo was entitled to four leagues of 
land. 

Democratic Features op the Plan of Pitic. 

§ 45. In perfect consistency with my previous argument, we find 
that the Regulations of 1781, 1 Rockwell 450, § 18, Addenda, No. IV, 
page 7, provide for the election of the Pueblo officers after the first two 
years by the settlers themselves ; which the Plan of Pitic, Ad- 
denda, No. VII, page 14, Exhibit zz, in sections 17, 20, 21, 22 and 
23, speak of " the Ayuntamiento of the new settlenfent," as an institu- 
tion existing as a matter of course; while section 24 of the same Plan 
expressly gives to such Ayuntamientos of the new Pueblos the power 
to make and enforce all the ordinances and municipal regulations neces- 
sary to the political government, management, economy, and police, of 
civilized towns. This section is a perfect paraphrase of those enumer- 
ations in Anglo-American city charters, which follow the declaratory 
clause: " The Mayor and Common Council shall have power," etc., etc. 



36 FORMATION OF AYUNTAMIENTOS. 

A. D. 1796. 

It is Decided not to Establish a " Villa of Branciforte '' 
at San Francisco. 

§ 46. In the year 1796 it was proposed to build a villa in Upper 
California in honor of Don Miguel de Lagrua, Marquis de Branciforte, 
at that time Viceroy of New Spain. Alexander the Great was not 
the only chief who indulged the fancy of giving his name to a great 
city. Alvarado endeavored to give to San Jose the designation of the 
" Pueblo de Alvarado." 1 De Mofras, 415. And Vallejo gave to the 
Pueblo which he founded the title " Sonoma de Vallejo." 1 De Mofras, 
446. Thus the Marquis de Branciforte had both illustrious examples 
and imitators in his laudable ambition. Among the localities enume- 
rated by Don Pedro de Alberni, who was directed to examine the 
country and report upon several places indicated, was that of San 
Francisco, which he represented to be the very worst of all those men- 
tioned for the foundation of such a villa, for the reason that there were 
but few cultivable or irrigable lands, and that there was a general 
deficiency of wood and water in and about the Presidio. See the 
Report in the Addenda, No. IX, page 18. The whole report shows 
that the intention was to build a rural villa depending upon agriculture 
and grazing for the subsistence of its inhabitants. This report has 
been sometimes referred to as justifying an inference that at the time 
it was made there was no civil settlement at the Presidio. But it 
expressly states that there was such a settlement there, although it was 
composed of only "a few families ;" and a " Pueblo of San Francisco," 
existing at the Presidio, would gladly have received an additional 
population and a higher grade of rank, with the title of " Villa of 
Branciforte." This villa was afterwards founded in the same year, 
1796, at the place now called Santa Cruz, (1 De Mofras, 409,) but 
does not seem to have figured largely in history. 

A. D. 1812. 

Law of the Cortes of Spain respecting the Formation of 
Ayuntamientos of Pueblos. 

§ 47. In the Leyes Vigentes, a collection of those decrees and 
orders of the Cortes of Spain, which survived the political revolution 
that severed the Republic from the mother country, published at 
Mexico in the year 1829, page 28, is found a " Decreto de 23 de Mayo 
de 1812," entitled "Formacion de los Ayuntamientos Constitucion- 
ales:" — "Decree of May 23d, 1812, concerning the formation of Con- 
stitutional Ayuntamientos, or Common Councils." This is printed in 
full in the Addenda, No. X. No repeal of this law appears to have 
been made ; it is published as an existing law in 1853, by Rivera, in 
Vol. I, page 890, of his " Nueva Coleccion de Leyes y Decretos Mexi- 
canos," and it is evident, from its continued promulgation from its 
enactment down to the era of the American Conquest of California in 
1846, that it was a portion of the law of California long after the 



HOW A PUEBLO MIGHT LOSE ITS AYUNTAMIENTO. 37 

Mexican Revolution of 1821, and, as will be seen hereafter in § 72 of 
this argument, down to and including the year 1835. This is enough 
for our present purpose. It related to the mode of forming Ayun- 
tamientos, and although the basis of population was afterwards 
changed — see §§ 89, 90 of this argument — this law seems to have 
survived, in relation to the modus operandi of organizing those bodies. 

§ 48. The preamble of this law respecting Ayuntamientos recites, 
generally, that, in the judgment of the Cortes, the Pueblos, or towns, 
ought to be governed by Ayuntamientos, or Common Councils : [which, 
it is to be remembered, are Commune Councils]. Article I provides 
that towns and pueblos which have no Ayuntamientos, but which are 
entitled to them, may apply for them ; and Articles II, VIII, and IX 
enact that Pueblos which are not themselves entitled to Ayuntamientos 
shall be aggregated together under a common Ayuntamiento. Leyes 
Vigentes, page 28, etc. 1 White's Recopilaeion, 416, etc. Addenda, 
No. X, pp. 18, 19. Article IV provides that, in all Pueblos not 
exceeding two hundred inhabitants, there shall be one Alcalde, two 
Regidores, (Common Councilmen,) and one Procurador Sindico ; one 
Alcalde, four Regidores, and one Procurador Sindico in Pueblos having 
more than 200 and less than 500 inhabitants ; one Alcalde, six Regi- 
dores, and one Procurador Sindico in those having between 500 and 
1,000 inhabitants ; two Alcaldes, eight Regidores, and two Procurador 
Sindicos in those having between 1,000 and 4,000 inhabitants ; and 
twelve Regidores in Pueblos of more than 4,000 inhabitants. These 
Alcaldes, Regidores and Procuradores Sindicos composed the Ayunta- 
miento of the Pueblo. 

The Complex System of a Double Election for the Officers 
of Ayuntamientos. 

§ 49. The Ayuntamientos were not elected directly by the people, 
who chose only electors for that purpose ; and the elections of these 
electors were to be held in local election districts at elections called 
juntas de parroquia, (parish or district elections). Article VIII. But 
no such junta de parroquia could be formed in a town having less than 
fifty inhabitants, (Article IX) ; and this was, therefore, probably the 
limit of population below which a Pueblo could not have its own 
Ayuntamiento. Compare Leyes Vigentes, page 28, Art. IV, VIII, 
and IX. — Translated in 1 White's New Recopilaeion, 416, etc. Ad- 
denda, No. X, pp. 18, etc. 

How a Pueblo might Lose its Ayuntamiento. 

§ 50. Article II recognizes the fact that a town which has once 
had an Ayuntamiento may lose it by a diminution of its population. 
" Aggregandose al [Ayuntamiento] mas immediato en su provincia las 
" [Pueblos] que se formaran nuevamente y los despoblados con juris- 
" diccion." And in that case the provision just cited directs that they 



88 ACTUAL DIVISION INTO DISTRICTS AND PARTIDOS. 

shall be united to the nearest Ayuntamiento in their province. There 
were therefore three kinds of Ayuntamientos : 

1st. Ayuntamientos existing for a single Pueblo, which may there- 
fore be styled Ayuntamientos Sole. 

2d. Ayuntamientos composed entirely of populations each of which 
was too small to have an Ayuntamiento of its own, and which may 
therefore be styled Ayuntamientos Aggregate. 

3d. Ayuntamientos composed of the Ayuntamiento of a Pueblo, 
to which were joined other small populations, each too small to have 
an Ayuntamiento of its own, and which I shall term Composite 
Ayuntamientos, neither purely, sole nor aggregate. 

Actual Division into Districts and Partidos. 

§ 51. The Departments of Upper and Lower California were 
repeatedly divided into Districts, and Partidos, as it was required by 
law that they should be: § 8 of this argument. Governor Alvarado, 
on February 2Gth, 1839, divided this Department into Districts, and 
the northern District into two Partidos, and decreed that the " second 
Partido should comprehend from the Point de les^*Llajas (below the 
latitude of Santa Cruz) up to the Sonoma frontier of the North ;" and 
that its cabecera, or official centre, to which official communications 
were to be addressed, should be the " Establishment of Dolores." 
California Archives, Vol. IV, Departmental State Papers, page 589. 
In 1845, California was again divided into Districts and Partidos, and 
Yerba Huena is indicated as the cabecera. Ibid, page 199. I cannot 
find that previous to 1839, as above mentioned, there was any formal 
division of the Californias into Districts and Partidos. But that 
division was necessary as a matter of administration : Law of the 
Cortes of Spain, of Oct. 9, 1812. Leyes Yigentes, 35. San Fran- 
ci-co"was recognized as cabecera of the frontier of the North on Janu- 
ary 17th, 1839, by Governor Alvarado, previous to his division of 
Districts and Partidos made as above, in February of that year. See 
Addenda, No. XXXVIII, page 57, § 4; and even earlier, on Novem- 
ber 4th, 1834, Governor Figueroa recognizes a Partido of San Fran- 
cisco as already in existence, and as having theretofore been, and still 
being under the jurisdiction of the military commandante of San Fran- 
cisco. See Addenda, No. XXI, page 35. From the absence of any 
evidence in the Archives showing that there was an actual, formal 
division into Partidos previous to February, 1839, Mr. P. C. Hop- 
kins, the Keeper of the Archives, is of opinion that the jurisdiction of 
the Presidios, respectively, was regarded as a practical division of the 
Department into Partidos, and treated as such, and I fully concur in 
this opinion. The Presidio of San Francisco included San Jose, Santa 
Clara, Santa Cruz and the Villa of Branciforte in its jurisdiction, from 
A. D. 1800 to 1830. California Archives, Vol. Ill of Missions, p. 278 ; 
lb., Vol. V, p. 165 ; lb., Vol. V, p. 297. But in 1836, at least, the 
Partido of San Francisco did not include that portion of California 
lying west of the Bays of San Francisco and San Pablo, the Straits 



THE CORTES ORDER PUEBLO PROPERTY TO BE SOLD. 39 

of Carquinez, and the Sacramento River, and this explains the lan- 
guage then used by Governor Alvarado in defining the limits of the 
Partido : " The second Partido shall comprise from the Point de las 
Llajas up to (hasta) the Sonoma frontier of the North." For the 
tract west of the Bay of San Francisco and its tributaries, as above 
mentioned, belonged to the independent jurisdiction of the military 
commandante, and was known as the " Sonoma Frontier of the North," 
as decided by the Departmental Junta, on July 7th, 1836. See Ex- 
hibit 2 to testimony of R. C. Hopkins in the case. Also, California 
Archives, Legislative Proceedings, Vol. Ill, page 141. 

A. D. 1813. 

The Cortes of Spain Order all the Property of the 
Pueblos, Except the Vacant Suburbs, (Ejldos,) to be 
Granted in Private Ownership. 

§ 52. One. of the desperate necessities resulting to the Spanish 
Government from the attempt of Napoleon to place his brother upon 
the throne of Spain, and from the civil war to which it gave rise, was 
an enactment made by the Cortes on the 4th of January, 1813, that 
all the property of the Pueblos, not only in Spain but in the provinces 
beyond the seas, should be sold or granted to private owners. This 
law is published in the Leyes Vigentes, at pages 56, etc., as one which 
survived the Mexican Revolution of 1821 : it is printed in full in the 
Addenda, No. XI, at page 20, etc. The avowed object in the pre- 
amble is the welfare of the Pueblos and the improvement of agri- 
culture and industry ; the real object clearly appears, from Articles 6, 
7, 8, 9 to 15, to have been to reward soldiers for services in the war 
against Napoleon, and to raise a fund wherewith to pay a portion of 
the National Debt. Article 3 provides that " in the transfer of the 
" said lands the residents of the Pueblos within the limits of which 
" said lands may be shall be preferred, and the commoners of said 
" Pueblos in the enjoyment of said vacant lands." See Addenda, 
No. XI, page 21. These enactments will become very important in 
a subsequent part of this argument. 

A. D. 1813. 

The Cortes of Spain declare that the Missions Ought to 
be Secularized. 

§ 53. In the same year, 1813, the Cortes of Spain, not by an 
absolute enactment, but by an authentic act, expressed their opinion 
that the Missionary establishments ought to be discontinued, and con- 
verted into curacies, in other words, that the Indian Missions ought to 
be secularized. But as this declaration went no farther, and never 
attained the form or force of a law, it is not deemed necessary to make 
any further reference to it, than to allude to it as one of the landmarks 
in the progress of opinion. See Jones' Report. 



40 PROGRESS OF THE PUEBLO OF SAN FRANCISCO. 

A. D. 1821. 

The Mexican Revolution. 

§ 54. Next in the order of time, among political events, is the 
Mexican Revolution of 1821. How far this Revolution affected the 
political powers of the military governors, it is not now necessary to 
inquire. It is a well established principle of law that a change in the 
sovereignty of a country changes the political law, but leaves all the 
laws respecting private property in full force. American Insurance Co. 
vs. Canter, 1 Peters, 542 ; Fleming vs. Page, 9 Howard U. S. S. C. R. 
Rep., 603; Cross vs. Harrison, 16 Howard U. S. S. C. Rep., 164. 
This is well stated in Governor Riley's Proclamation of June 5, 1849. 
Addenda, No. LXXV, 3d Tf. Thus, when Louisiana was acquired 
from France, it was understood that lands held by the former citizens 
or municipalities of that territory were to be held and enjoyed as 
before ; but that the public lands were not to be granted by the Gover- 
nors, as theretofore, under the laws of Spain and France, but were 
subject only to the laws regulating the public lands of the United 
States. So when California was acquired, it was generally and cor- 
rectly understood that all municipal corporations retained their landed 
property, while the new Governors of California could not grant a 
foot of land, though their Mexican predecessors could grant it eleven 
leagues at a time. That the laws relating to the landed property of 
the Pueblos of California were not changed by the Mexican Revo- 
lution will appear from the whole course of this argument, and by 
consulting the Addendas, Nos. X and XI, pages 18 to 23, which are 
taken from the Leyes Vigentes — that collection of the laws of Spain 
which did survive the Mexican Revolution. The same principles are 
admirably stated in the preface to the Leyes Vigentes, pages i to iv. 

A. D. 1825. 

Progress of the Pueblo of San Francisco. 

§ 55. Meanwhile the Pueblo of San Francisco had attained but 
a small growth, with a sluggish, indolent population. Captain Benja- 
min Morrell, who visited San Francisco in May, 1825, thus describes 
the town : " The town of San Francisco stands on a table land, elevated 
" about three hundred and fifty feet above the sea on a peninsula five 
" miles in width, on the south side of the entrance to the bay, about 
" two miles to the east of the outer entrance, and one-fourth of a mile 
" from the shore.* It is built in the same manner as Monterey, but 

* Note. — It is hardly necessary to remark that this is a description of the Pueblo as 
it then existed at the Presidio. *It seems to be inaccurate in the estimated elevation 
of three hundred and fifty feet above the sea; but very singularly in " California," 
by Alexander Forbes, published in London, in 1839, facing page 1*27 is an engraving of 
the Golden Gate, in which the Presidio is represented at about the same height above 
tide water. Probably both Capt. Morrell and Forbes were deceived in their estimates, 
as most early Californians were, by the exceeding clearness of the atmosphere. Look- 
ing at the settlement from afar, knowing how man}- miles they were distant, and 
perceiving objects with great distinctness, they judged of heights as they would have 
done in an obscure atmosphere, and so both the nautical observer and the artist were 
deceived. 



MEXICAN COLONIZATION LAWS OF 1824. 41 

"much smaller, comprising only about one hundred and twenty houses 
" and a church, with perhaps five hundred inhabitants. * # # The 
" inhabitants of this place are generally Mexicans and Spaniards, who 
" are very indolent, and consequently very filthy. They cultivate 
" barely sufficient land to support nature ; consequently, nothing can 
" be obtained by way of refreshments for ships. * * * The table 
" land before mentioned would produce abundantly with proper culti- 
" vation ; but its surface is scarcely ever disturbed by plow or spade, 
" and the garrison depends entirely upon the Mission for all its sup- 
" plies." Morrell's Narratives of four voyages to the Pacific, etc., New 
York, 1853, page 211. This account I shall concede to be inexact as 
to the number of the population, houses, and other matters of mere 
estimate, because such statements almost always exaggerate the num- 
bers involved in the calculation. But one thing remains as a conclu- 
sive result of Captain Morrell's observation, namely : that there was an 
actual Pueblo at San Francisco, so large that a disinterested observer 
estimated it at five hundred inhabitants and one hundred and twenty 
houses. The population probably never reached 400. See post § 73 
and Addenda, No. LXXVI. Mr. Richard H. Dana, in his " Two 
Years before the Mast," speaks of San Francisco " as a newly-begun 
"settlement, mostly of Yankee-Californians, called Yerba Buena, 
" which promises well." Page 280. Mr. Dana arrived in San Fran- 
cisco on December 4th, 1835. Compare the dates in his book at pages 
66 and 280. It thus appears that the inhabitants of the town were 
already shifted or shifting from the Presidio to Yerba Buena, both 
localities being within the four leagues belonging to this Pueblo. See 
the map prefixed, and Langley's map, in § 30. 

Mexican Colonization Laws of 1824 and 1828. 

§ 56. No sooner, however, had the Mexican Revolution become 
an accomplished fact, than the Sovereign General Constituent Con- 
gress, by a decree bearing date August 18th, 1824, enacted a general 
law of Colonization, commonly styled the " Colonization Law of 1824." 
This will be found printed at large in the Addenda, No XII, page 
23. This wise and liberal plan is worthy of the attention of the histo- 
rian and of the political economist, but our present purpose leads us to 
cite only the 2d Article of the decree, which is in these words : 

" 2d. The object of this law are those national lands which are 
" neither private property nor belonging to any corporation or Pueblo, 
" and can therefore be colonized — Son objeto de esta ley aquellos ter- 
" renos de la nacion, que no siendo de propiedad particular, ni per- 
" tenecientes a corporacion alguna d Pueblo, pueden ser colonizados." 

This decree of Colonization, therefore, embraces all lands which 
were neither of private ownership nor belonged to any corporation or 
Pueblo. This decree was soon followed by " General Rules and 
Regulations for the Colonization of the Territories of the Republic," 
adopted at Mexico, November 21, 1828, and commonly styled the 
" Regulations of 1828." These are to be found in the Addenda, No. 



42 COMAND ANTES COULD NO LONGER GRANT LANDS. 

XIV, page 25. We need not pay any particular attention to these 
Regulations, any further than to observe : that all applications for 
grants of lands were to be made to the Governor ; that he was to cause 
the necessary information to be obtained ; and that, if satisfied, he was 
to make the grant, and that there is no provision authorizing him to 
delegate his power to any person or officer. Articles 1,2, 3, and 4. If, 
therefore, on comparing this decree of 1824 with the Regulations of 
1828, we find a class of lands granted by the public authorities, not of 
private ownership, nor belonging to the nation, we shall be tempted to 
adopt the only remaining alternative and ask : " To what corporation 
or Pueblo did these lands belong?" See § 2 of the Law of 1824, cited 
in this section. 

A. D. 1828. NOVEMBER 6th. 

It is decided that Comandantes of Presidios have no 
power to grant public lands outside of their pueblos. 
Was the power to grant Public Lands in Abeyance ? 

§ 57. After the enactment of the Mexican Colonization laws of 
1824, and before the adoption of the Regulations of 1828, both of 
which are referred to in the preceding § 56 of this argument, an 
incident occurred which is curiously illustrative of the Colonization 
laws of California, and confirms the propositions I have heretofore 
maintained. A person named Willis, a resident of San Jose, some 
time in 1828, petitioned the Governor for a grant of public lands, 
lying outside of the lands of that Pueblo. The Governor refused the 
petition, because there were sufficient lands upon which to maintain 
his flocks and herds, in the Pueblo of San Jose to which he belonged. 
Willis thereupon presented himself to the Comandante of the Pre- 
sidio of San Francisco, and having persuaded him that he had the 
power to grant, obtained a concession of the lands. The Governor 
repudiated the grant as being beyond the powers of the Comandante, 
and directed the latter to summon Willis before him and fine him 
fifty dollars for his fraudulent conduct. See Addenda, No. XIII, 
page 24, Exhibit C in the case. This is strongly confirmatory of the - 
position I have assumed to demonstrate in § 44 of this argument, 
namely, that captains (comandantes) of Presidios could not grant lands 
outside of their Presidial-Pueblos (see Addenda, No. VIII), while it 
decides nothing on the question whether the power remained to them 
to grant lands within such Pueblos. If the power to grant within 
Pueblos was a part of their political authority, it is very certain that 
they lost it by the happening of the Mexican Revolution of 1821. 
Leyes Vigentes, Preface; see also § 54 of this argument. That there 
was an interregnum between the laws of August 11th, 1824, directing 
colonization, ante §56, Addenda, No. XII, page 23, and the Regu- 
lations of November 21, 1828, which prescribed the mode of coloni- 
zation, can easily be imagined. See § 56, also Addenda, No. XIV, 
page 25. Thus grants of lands were interdicted, unless made by cer- 
tain authorities, and in a prescribed form, but at the same time the 
authorities were not named nor the form indicated, and so no grants 



MISSIONS ORDERED TO BE SECULARIZED. 43 

could be made for the time being. A singular confirmation of this view- 
is furnished by Capt. Beechy, who visited the Presidio of San Fran- 
cisco, in November, 1826: "A further grievance has arisen by the 
"refusal of the Government to continue certain privileges which were 
" enjoyed under the old system. At that time soldiers entered for a 
" term of ten years, at the expiration of which they were allowed to 
u retire to the Pueblos, — villages erected for this purpose, and attached 
" to the Missions, where the men have a portion of ground allotted to 
" them for the support of their families. This afforded a competence to 
" many ; and while it benefitted them, it was of service to the Govern- 
" ment, as the country by that means became settled, and its security 
" increased. But this privilege has been latterly withheld and the 
" applicants have been allowed only to possess the land and feed their 
" cattle upon it, until it should please the Government to turn them 
" off." Narrative of a voyage to the Pacific Beering Straits, in the 
year 1825-1828, by Capt. F. W. Beechy, R. N., F. R. S. : London, 
Colburn & Bentley, 1831 ; Vol. II, pages 10, 11. This account is full 
of errors, such as a stranger would naturally fall into, but it contains 
enough of truth to confirm my proposition. Between the adoption of 
the Law of Colonization in 1824 (next preceding § 56) and the Regu- 
lation of Colonization, prescribing the mode, (see next § 56) it is not 
improbable that the power to grant lands outside of the Pueblos was 
wholly in abeyance. Certainly Comandantes of Presidios could not 
then grant such lands, nor could they have done so before that time. 
See Addenda, No. VIII, page 17. See § 44 of this argument. 

A. D. 1833. 

The Mexican Government Orders the Missions of Califor- 
nia to be Secularized. 

§ 58. I have shown ante §§ 26, 53, that the Missionary system was 
i/vctended to be succeeded by a purely civil colonization ; that the Missions 
were to be secularized; and that the Cortes of Spain, in 1813, had 
shown their impatience that secularization had not been already accom- 
plished. But in August, 1828, the Congress of Mexico decreed that 
the secularization of the Missions should be " proceeded with." Ad- 
denda, No. XV, page 26. Pursuant to that decree, Governor Figue- 
roa, in August 1833, enacted certain "Provisional Rules for the Secu- 
larization of the Missions," which were to go into effect in August, 
1834, "commencing with ten Missions, and afterwards with the remain- 
der." Addenda, No. XIX, page 31, Art. I, Id. No. XX, page 34. 
But the execution of the whole scheme was suspended by a decree of 
the President of Mexico, of November 7th, 1835. Addenda, No. 
XXVIII, page 43. There is not a shadow of pretence that up to Jan- 
uary, 1835, the Mission of Dolores had been secularized, although 
nothing is more certain than the fact that the Majordomos mentioned in 
Article 8 of these " Provisional Rules " had taken possession of the 
property of the Missions. 



44 SUCCESS OF THE MISSION SYSTEM. 

The Success of the Mission System. 

§ 59. The results of the Mission scheme of Christianization and 
Colonization were such as to justify the plans of the wise statesmen who 
hitherto devised it, and to gladden the hearts of the pious men who devo- 
ted their lives to its execution. At the end of sixty years, (in 1834) 
the missionaries of Upper California found themselves in possession of 
twenty-one prosperous Missions, planted upon a line of about seven 
hundred miles, running from San Diego north to the latitude of Sono- 
ma. More than thirty thousand Indian converts were lodged in the 
Mission buildings, receiving religious culture, assisting at divine wor- 
ship, and cheerfully performing their easy tasks. Over four hundred 
thousand horned cattle pastured upon the plains, as well as sixty thou- 
sand horses, and more than three hundred thousand sheep, goats and 
swine. Seventy thousand bushels of wheat were raised annually, 
which, with maize, beans and the like, made up an annual crop of one 
hundred and twenty thousand bushels ; while, according to the climate, 
the different Missions rivalled each other in the production of wine, 
brandy, soap, leather, hides, wool, oil, cotton, hemp, linen, tobaqco, salt 
and soda. 1 De Mofras, 320, 321, 338, 348, 366, 486, 488. Of two 
hundred thousand horned cattle annually slaughtered, the Missions fur- 
nished about one half, whose hides and tallow were sold at a net result 
of about ten dollars each, making a million of dollars from that source 
alone. 1 De Mofras, 320, 480, 484. While the other articles, of 
which no definite statistics can be obtained, doubtless reached an equal 
value, making a total production by the Missions themselves, of two 
millions of dollars. Gardens, vineyards and orchards surrounded all 
the Missions, except the three northernmost, Dolores, San Rafael, and 
San Francisco Solano, the climate of the first being too inhospitable for 
that purpose ; and the two latter, born near the advent of the Mexican 
Revolution, being stifled in their infancy. The other Missions, accord- 
ing to their latitude, were ornamented and enriched with plantations of 
palm trees, bananas, oranges, olives, and figs ; with orchards of Euro- 
pean fruits ; and with vast and fertile vineyards, whose products were 
equally valuable for sale and exchange, and for the diet and comfort of 
the inhabitants of the Missions. 1 De Mofras, 350, 351, 366, 420, etc. 
Aside from these valuable properties, and from the Mission buildings, 
the self-moving or live stock of the Missions, valued at their current 
rates, amounted to three millions of dollars of the most active capital, 
bringing enormous annual returns upon its aggregate amount, and, ow- 
ing to the great fertility of animals in California, more than repairing 
its annual waste by slaughter. 1 De Mofras, 320, 472, 476. Such 
was the great religious success of the Catholic Missions in Upper Cal- 
ifornia; such their material prosperity in the year 1834, even after 
many depredations had been committed upon them by the first Gov- 
ernors of the regime of " Independence." See Addenda, No. LXVII. 

The " Pious Fund " of the Missions of California. 
§ 60. " What is remarkable in the establishment of these Missions, 



THE " PIOUS FUND " OP THE MISSIONS. 45 

they cost the government nothing. When the Missions of Lower Cali- 
fornia were first founded, the Viceroys furnished some assistance. 
Philip V, gave them in the first years of his reign an annual pension 
of $13,000 ; but in the year 1735, the Jesuits added to the capital of 
their funds by the purchase of productive real estate. In 1767, a lady 
of Guadalajara, Dona Josefa de Miranda, left by will to the College of 
the Society of Jesus, of that city, a legacy of more than $100,000, 
which the Jesuits had the delicacy to refuse." 1 De Mofras, 266 ; 
Clavigero. 

What constituted the " Pious Fund." 

§ 61. " The property belonging to the ' Pious Fund of California,' 
with its successive additions, comprised the following : The landed es- 
tates of San Pedro, Torreon, Rincon, and the Golondrinas, including sev- 
eral mines, manufactories, and immense flocks, with more than five hund- 
red square leagues of land, all situated in the province of Tamaulipas. 
These properties were given voluntarily to the Society by the Marquis 
de Villa Puente, Grand- Chancellor of New Spain, and by his wife, the 
Marchioness de Las Torres, on June 8th, -1735. Other legacies en- 
riched the Society of Jesus with considerable estates, situated near San 
Luis de Potosi, Guanajuato and Guadalajara. The property near the 
last named city is still rented annually for more than twenty thousand 
dollars. Another estate of the Society, the Hacienda of Chalco, be- 
longs to the Pious fund, which possesses besides a very great number 
of houses and other real estate, situate in the cities, particularly in 
Mexico." 1 De Mofras, 267. 

Spoliation of the "Pious Fund." 

§ 62. " In 1827, the government forcibly seized $78,000 in specie* 
deposited at the mint in Mexico, and which was the produce of the sale 
of the Arroyo Zarco, an estate of the Society. The ' Pious Fund ' was 
also despoiled of immense tracts of land by the Congress of Jalisco." 
1 De Mofras, 268. 

Annual Produce of the " Pious Fund." 

§ 63. " Under the Spanish Government the revenues amounted to 
about $50,000 a year, which paid the stipends of the monks, namely, 
fifteen Dominicans, at $600 each ; and forty Franciscans at $400 each ; 
and, this total of $24,000 being deducted, the balance was used in the 
purchase of cloths, implements, tools, church utensils, and ornaments for 
the service of religion. The royal government reimbursed to the agent 
of the Missions at Mexico the value of all supplies furnished by the 
Missions to the Presidios ; and the agent converted that money into 
merchandise, which he sent, at his own charge, to the port of San Bias, 



46 THE " PIOUS FUND " IS DIVERTED. 

whence, twice a year, frigates transported it gratuitously to the various 
ports of California/' De Mofras, Vol. I, pp. 266 to 268. 

The Stipends Fail ; $1,000,000 due the Missions. 

§ 64. "From 1811 to 1818, and from 1828 to January, 1831, the 
Missionaries ceased to receive their stipends regularly, on account of 
the political troubles which, at those epochs, agitated Spain and Mexico. 
Thus, adding together the sums due to the Franciscans of Upper Cali- 
fornia only, amounting to $192,000 ; the $78,000 taken by force; the 
$272,000 for which the Missions of Upper California were out of pocket 
for supplies furnished to the Presidios ; and the revenues of the 'Pious 
Fund, for more than ten years, we obtain a total of more than a million 
of dollars, of which the Mexican Government had already despoiled 
the Missionary Association." De Mofras, Vol. I, pp. 269, 270. This, 
it will be observed, does not include the capital of the Pious Fund, ex- 
cept the $78,000, which was, as above stated, the proceeds of the sale 
of an estate belonging to that fund. 

The " Pious Fund " diverted into the Public Treasury. 

§ 65. " On May 25th, 1832, the Mexican Congress passed a decree 
by which the executive power was directed to rent out for a gross sum 
for seven years the property of the ' Pious Fund/ and pay the pro- 
ceeds into the national treasury." 1 De Mofras, 270. Arrillaga, Col- 
leccion de Decretos, 1832-1833, p. 114. 

The " Pious Fund " Restored to the Bishop of the Roman 
Catholic Church for California. 

§ 66. A second decree of Congress, of the 19th September, 1836, 
directed that the " Pious Fund " should be placed at the disposal of the 
new Bishop of California* and his successors, to the end that these pre- 
lates, to whom its administration was thus confided, might employ it in 
the development of the Missions, or in similar enterprises, according to 
the wish of its founders. 1 De Mofras, 270. Arrilaga, Colleccion de 
Decretos, July to December, 1836, p. 107. 



*This is the first time that the designation " Bishop of California " occurs. Previous 
to 1840, California was not a Diocese of any church, but the Popes had, by various Bulls, 
granted Episcopal powers to the Apostolical Prefect [President of the Missions] of Cali- 
fornia, for the time being. But in 1840 the then Pope, Gregory XVI, erected California into 
a Bishopric, and named to that See the Rev. Garcia Diego, a Mexican Franciscan, who 
had been for some time a Missionary in California, designating San Diego as his residence. 
1 De Mofras, 275. It is doubtful whether he designated himself, or was called by the Pope 
" Bishop of California," as according to custom he would take the title of "Bishop of San 
Diego," from the place assigned by the Pope as his residence. Subsequently Bishop 
Alemany, of the R. C. Church, succeeded Bishop Diego, with the title of Bishop of Monte- 
rey, and was afterwards translated to the Archbishopric of San Francisco, being suc- 
ceeded by Bishop Amatt, in the Bishopric of Monterey. The " Bishopric of California" 
is a diocese of the Protestant Episcopal Church of the United States, and is filled by the 
Right Rev. William Ingraham Kip, D.D., L.. D. 



IS CONFISCATED. 47 

Santa Anna "Administers" the "Pious Fund." 

§ 67. "On February 8th, 1842, General Santa Anna, Provisional 
President, by virtue of his discretionary power, deprived the Bishop 
of California, notwithstanding his protest, of the administration of the 
1 Pious Fund ;' and, by a decree of the 21st of the same month, 
entrusted it to General Valencia, chief of the Army Staff. To any 
one who is acquainted with Mexico, the word 'administer' has an 
unmistakable sense. This was the last blow which the organization 
created by the Jesuits received before the final sale. Let us add, how- 
ever, in justice, that hitherto the few Franciscans who remain in Cali- 
fornia have received an annual relief of $400 in merchandise, marked 
at exorbitant prices." De Mofras, Vol. I, pages 270-271. This decree 
of Santa Anna is to be found in El Observador Judicial y de Legis- 
lacion, 1842, Vol I, p. 351. 

The "Pious Fund" is sold and the Proceeds Absorbed. 

§ 68. Finally, President Santa Anna sold the ' Pious Fund' in a 
mass, to the house of Barrio, and to Rubio brothers. 

The final sale above alluded to, namely, " that President Santa Anna 
sold the ' Pious Fund ' in a mass to the house of Barrio, and to Rubio 
brothers," De Mofras, Vol. I, page 268, is thus mentioned at pages 
65-66 of the same volume: "Bold by the very excess of weakness, 
the Mexican Government recoils from no arbitrary measure to supply 
its financial deficits. Thus it has not hesitated to seize the property 
belonging to the Missions of California, whose value is not less than 
two millions of dollars, and sell it to the house of Barrio." The date 
is not given, but is stated at page 271 to have been after the fund was 
entrusted to Valencia, which was on Feb. 21, 1842, and the decree, 
the first section of which incorporates into the national treasury (erario 
nacional) the entire " Pious Fund," and the second section of which 
provides for the sale of the property, is dated Oct. 24, 1842, and may 
be presumed to have had a sufficiently rapid execution. See the 
original decree : El Observador Judicial y de Legislation, 1842, Vol. 
2, page 340. 

A. D. 1834. 

Meanwhile there was no Atuntamiento at San Francisco. 
Ayuntamientos divided into Three Classes. 

§ 69. During all this period, and up to the autumn of 1834, there 
had been no Ayuntamiento, or Common Council, at San Francisco. 
This clearly appears from the Addenda, No. XVI, page 27, No. XVII, 
page 28, and No. XVIII, page 29, all of which belong to the docu- 
mentary testimony in the case. The population of San Francisco was 
ruled by a Military Comandante of the Presidio, who was also a Judge 
of First Instance, while the Governor generously imposed license fees 
and taxes on a liberal scale. Ibid. It is necessary to recur here, for 
a moment, to three different classes into which we have divided Ayun- 
tamientos, namely : 



48 A PARTIDO AYUNTAMIENTO OP SAN FRANCISCO. 

1st. Ayuntamientos Sole, existing for a single Pueblo. 

2d. Ayuntamientos Aggregate, composed of small populations, 
each too small to have an Ayuntamiento of its own. . 

3d. Composite Ayuntamientos, formed of the Ayuntamiento of 
a Pueblo, to which were joined other small populations. See § 50 
of this argument. 

A. D. 1834. 

An Ayuntamiento Aggregate ordered for the Partido op 
San Francisco. 

§ 70. On the 14th day of November, 1834, Governor Figueroa 
communicated to the Military Comandante of San Francisco, that the 
Territorial Deputation, exercising the powers conferred upon it by the 
law of June 23d, 1813, had directed the election of # Constitutional 
Ayuntamiento for the Partido of San Francisco. See Exhibit No. 1, 
to Vallejo's deposition. Addenda, No. XXI, page 35. What these 
powers were which were conferred by the law of June 23d, 1813, ap- 
pears from Chap. II, Art. I, as set forth in the Leyes Vigentes, page 
91, where the Provincial Deputations are empowered to aggregate 
populations for the purpose of forming Ayuntamientos, in cases where 
the population of a Pueblo is insufficient for that purpose. The Ayun- 
tamientos thus ordered to be formed, was, therefore, for the purpose of 
giving a municipal government to those small populations of the Par- 
tido which could not otherwise have an Ayuntamiento. It is evident 
that it did not include San Jose, and the reason for this exception was 
that San Jose had had immemorially an Ayuntamiento of its own. 
Addenda, No. XXIX. And yet San Jose was within the Partido of 
San Francisco. The Ayuntamiento of the Partido of San Francisco 
was an aggregated Ayuntamiento, constituted under the laws above 
cited from Leyes Vigentes, page 91, Chap. II, Art. I, Id, page 28, 
Arts. II, VIII and IX, 1 White's New Recapitulation, 416, etc. Ad- 
denda, No. X. This order for the election of an Ayuntamiento, as 
will be seen by consulting it, Addenda, No. XXI, page 35, directed 
the election of an Ayuntamiento for the Partido, to reside at the Presi- 
dio of San Francisco, and to consist of an Alcalde, two Councilmen, 
and one Syndic Procurador. 

This Partido Ayuntamiento was Organized. 

§ 71. Was this Ayuntamiento of the Partido ever elected and con- 
stituted ? Messrs. J. H. McKune and Horace Hawes, in their joint 
printed brief, entitled, " Documents, Depositions and Brief of Law 
" Points raised thereon in behalf of the United States, in Case No. 280, 
" (this same case) before the U. S. Board of Land Commissioners," at 
page 10, after reciting that by Exhibit Nos. 1 and 2, annexed to the 
deposition of M. Gr. Vallejo, in this case, Addenda, No. XXI, pages 
35 and 36, after stating that electors were chosen on Dec. 7th 1834, 
" who were to elect the municipal officers," add : " but whether the elec- 
" tion of Ayuntamiento took place, does not appear from any docu- 



AYUNTAMIENTO OF THE PUEBLO, A. D. 1835. 49 

" ment on file." But we are prepared to prove that this Ayuntamiento 
of the Partido was elected, was duly installed, and entered upon its 
functions. For in the inventory of the Documents on file in the Juz- 
gado of San Francisco de Asis, which appears twice in the documen- 
tary testimony, first as Exhibit Hopkins, No. 1, offered by the claim- 
ants, and as Exhibit Hopkins, M, offered by the United States, under 
date of January 1835, appears the record of an qficio, — an official com- 
munication, — from the government, approving the appointment of a 
Secretary of the Ayuntamiento, and of an Assistant Alcalde for Contra 
Costa — the Counter-Coast, the other side of the Bay. The importance 
of this latter ojicio will be shown hereafter; we shall meanwhile bear 
in mind that this Ayuntamiento of the Partido had authority for 
appointing Alcaldes for the other side of the Bay. 

A. D. 1835. JANUARY. 

A Composite Ayuntamiento ordered to be Elected for the 
Pueblo of San Francisco. 

§ 72. But it is equally evident that this aggregate Ayuntamiento 
for the Partido of San Francisco, was immediately superseded by a 
composite Ayuntamiento for the Pueblo of San Francisco. For in the 
same document marked " Exhibit Hopkins, No. 1 " and also M, under 
the date of November, 1834, is a synopsis of an oficio from the Gov- 
ernor directing a census of the population of San Francisco to be taken 
and returned to him. This oficio is lost, existing neither in the Ar- 
chives of the Pueblo nor of those of the Department in any form. See 
testimony of Hopkins and Dwinelle. But the direction was executed, 
for the Governor, under date of January 31st, 1835, announces to the 
same Military Comandante that he had received the census of the 
Pueblo of San Francisco, by which it appeared that it was enti- 
tled to an Ayuntamiento of its own, composed of one Alcalde, two 
Regidores, and one Sindico Procurador, and directing him to proceed to 
their election accordingly. See Exhibit No. 14 to R. C. Hopkins's 
deposition, printed in the Addenda, No. XXIII, page 37. The cen- 
sus of San Francisco disclosed therefore between 50 and 200 inhabit- 
ants. Leyes Vigentes, page 29, Arts. IV and IX. Addenda, No. X, 
Arts. 4 and 9, pages 18, etc., because "one Alcalde, two Regidores, and 
one Procurador Syndic " were the officers prescribed for those Pu- 
eblos whose population was less than fifty and did not exceed two hun- 
dred inhabitants. 

What was the actual Population of the Pueblo of San 
Francisco in 1834-1835 ? 

§ 73. We have seen in the preceding § 72, that the population of 
the Pueblo of San Francisco in 1834-1835 could not have exceeded 
200 inhabitants. This was established as matter of law, by the census 
returns and the act of the Governor founded on them, as detailed in 
that section. The same result would have been reached proximately 

4 



50 



POPULATION OF SAN FRANCISCO IN 1835. 



by statistical data, and calculations founded on them. From the data 
contained in the Addenda, No. LXXVI, we obtain the following data, 
as to the 



Population of the Presidial-Pueblo of San Francisco. 



A. D. 


Men. 


Women. 


Boys. 


Girls. 


Total. 


1794 


46 


33 


38 


26 


143 


1800 


79 


49 


46 


49 


223 


1815 


125 


92 


74 


82 


373 


1830 


59 


46 


13 


13 


131 



See Addenda, No. XXLVI, page 110. 

These returns in a perfect or aggregate form come no lower than 
1830. In 1842, the aggregate white population of the political juris- 
diction of San Francisco did not exceed 160. See Addenda, No. 
LV, page 78, etc. This strongly confirms the official data of the cen- 
sus and order of the Governor, and taking the two together, it shows 
that the population of the Pueblo was less than 200. Moreover, these 
same official returns in the Archives, show that at the same dates 
above mentioned there was the following 

Population (Indian) of the Mission of Dolores. 



a. d. 


Men. 


Women. 


Boys. 


Girls. 


Total. 


1794 


355 


369 


110 


79 


913 


1800 


315 


260 


32 


37 


644 


1815 


542 


391 


90 


92 


1115 


1830 


140 


53 


13 


13 


219 



From all of which we are compelled to infer : 

First : That the whole white population of the Pueblo of San 
Francisco in 1834-1835 did not exceed 200 inhabitants. For, taking 
the whole population of the Pueblo and Mission at 350 in 1830, as 
above, and at 196 in 18^ (Addenda, No. LV), I know of no law of 
estimation which would not give the aggregate population of both 
Pueblo and Mission at more than 200 in 1836, especially as the popu- 
lation of the Pueblo did not begin to diminish until 1833. See §§ 90, 
91 of this argument. But the Pueblo proper must have had less 
than 200 inhabitants in 1834-5, or four Regidores would have been 
ordered to be elected instead of only two. Law of 1812, Addenda, 
No. X, page 19, § 4. 

Secondly: That the population of the Indian neophytes of the 
Mission of Dolores, although within the political jurisdiction of the 
Pueblo of San Francisco, yet being in a state of pupilage, and not 
exercising the rights of citizenship, were not counted in the electoral 
basis of a Pueblo. They were like a sandy, marshy, mountainous or 
rocky tract included in a survey of lands, embraced within its boundaries 



THE NEW AYUNTAMIENTO WAS OKGANIZED. 51 

but not counted in acres as a part of it. See Ordenanzas de Tierras y 
Aguas, ante § 30, ut supra. If any one is inclined to believe in the 
perfectness of these California Archives, let him try to reproduce the 
census of California from the materials there found. Each Presidio 
and Mission was bound to report every three months, and yet I have 
not been able to find any civil reports of the Presidios later than 1832, 
and that one incomplete (Vol. V Missions, page 344), and none for the 
Missions separately later than 1817 (Vol. IV Missions and Colonization, 
page 532.) I have searched myself, and employed the most competent 
assistance of gentlemen familiar with the Archives. Still such data 
may be in the Archives and not yet be discovered, such is the confusion 
which has been introduced there under the so-called " arrangement " 
made by a late special Attorney of the United States. 

This New Ayuntamiento was Elected and Organized. 

§ 74. That this Ayuntamiento for the Pueblo of San Francisco 
was elected and organized, appears from the acts of election. Adden- 
da, Nos. XXX, page 47, and XXXV, page 53, being Exhibits 3, 8, 
and 9, to the deposition of Vallejo, in the case. It was also recognized 
as the Ayuntamiento of the Pueblo by the General and Departmental 
Junta or Legislature. Addenda, No. XXVI, page 42, etc. ; No. 
XXIX, pages 44, etc., and in various other proceedings to which refer- 
ence will be made in the course of the argument. It is never styled the 
Ayuntamiento of the Partido, but always called the Ayuntamiento 
of the Pueblo. It therefore superseded the Ayuntamiento of the 
PartWo. Instead of being an aggregated Ayuntamiento composed of 
small populations in the Partido, it was an Ayuntamiento of the 
Pueblo, to which various small populations of the Partido were aggre- 
gated, or, as I have styled it, ante § 30, a composite Ayuntamiento. 

§ 75. If it be asked, where is the official act, the espediente of the 
formation of this Ayuntamiento of the Pueblo of San Francisco, we 
ask in reply, where did we find the expediente of the formation of the 
Ayuntamiento of the Pueblo of Santa Barbara, which is in evidence 
in this cause ? Was it found in the Archives, where it ought to have 
been found ? It was found in private hands, and if the Archives alone 
had been relied upon, that document would never have been forthcoming. 
But we do find fragmentary records of the existence and continuance of 
this Ayuntamiento of the Pueblo of San Francisco in Exhibits Nos. 3 and 
6, annexed to the deposition of M. G. Vallejo, Addenda, No. XXVI, 
page 42, No. XXX, page 47 ; and Exhibits 8 and 9, annexed to the 
same deposition, Addenda, No. XXXV, page 53, § 54 show the forma- 
tion of the electoral college of the same Ayuntamiento of the Pueblo, on 
December 3d, 1837, and the election of the Ayuntamiento by that col- 
lege, on January 8th, 1838. Are we asked to call Vallejo? The ex- 
pediente could never have been properly in his custody, for it belonged 
to the Archives of the Government ; he could therefore depose only 
orally to a disputed fact, and in so doing, must contradict his testimony 



52 THIS WAS AN AYUNTAMIENTO FOR THE PUEBLO. 

already given in the case. We know of no rule which compels us to 
call a witness whom our adversaries insist on discrediting, or to con- 
sume the time of the Court in demonstrations which must be utterly 
fruitless. Tl e book of elections mentioned in Exhibit No. 1, to the 
testimony of R. C. Hopkins is unfortunately " lost." See testimony of 
R. C. Hopkins and J. W. Dwindle. 

This was an Ayuntamiento for the Pueblo. 

§ 76. I have said that the only Ayuntamiento of whose actual forma- 
tion and continued existence we have any record, was always spoken 
of as that of the Pueblo of San Francisco. In Exhibit No. 3 to the 
deposition of Vallejo, Addenda, No. XXX, page 47, San Francisco 
is twice spoken of as a Pueblo ; in Exhibit No. 6 to the deposition of 
Vallejo, Addenda, No. XXVI, page 42, on October 26, 1835, it is 
spoken of in a letter to the Alcalde of San Francisco, as the "Ayun- 
tamiento of that Pueblo" — " el Ayuntamiento de ese Pueblo," and 
the Alcalde is directed to inform the " inhabitants of that Pueblo " 
that the Ayuntamiento could grant solares at Ycrba Buena, showing 
that the Ayuntamiento of the Partido was not then in existence, but 
that the Ayuntamiento of the Pueblo was. The acts of election of 
this Ayuntamiento again appear in 1835, 1837 and 1838, in Exhibits 
Nos. 3, 8 and 9 to Vallejo's depositions, Addenda, No. XXX, page 
47, No. XXXV, page 53, always held in the Pueblo of San Fran- 
cisco. On the 30th of May, 1835, certain petitioners, describing them- 
selves as residents of the Ranchos of the North, San Antonio, San 
Pablo and those adjoining, petition the Governor, representing tha^they 
are attached to the jurisdiction of the port of San Francisco, and ask- 
ing to be detached therefrom, and attached to the jurisdiction of San 
Jose. Document C, P. L. in the case. Addenda, No. XXIX, page 
44. The Governor directs informes (reports) to be made by the 
Ayuntamientos of the Pueblos of San Jose and San Francisco and 
the expediente is returned to those Ayuntamientos accordingly. Id. 
"When completed, it was to be accompanied with a list of the inhabit- 
ants of the "Pueblo of San Francisco." The Ayuntamiento of San 
Jose in their report state that the petitioners had formerly belonged to 
that jurisdiction. See the same document. From this one expediente, 
several facts are apparent: 

First : That the inhabitants of these ranchos were not a constituent 
or essential part of the Ayuntamiento of San Francisco, but were only 
attached, or aggregated to it under Article IX of the decree of May 
23d, 1813, Leyes Vigentes, page 29, 1 White's Recopilacion, 418, §§ 
2 and 9. Addenda, No. X? pages 19, 20, §§ 2, 9. See § 50 ante. 

Secondly : That it was the Ayuntamiento of the Pueblo of San 
Francisco, from which they wished to be detached and annexed to the 
Ayuntamiento of the Pueblo of Sah Jose. 

Thirdly: That although the Pueblo of San Jose and the Pueblo 
of San Francisco were both in the same Partido, yet each Pueblo 
had its own Ayuntamiento. 



a. d. 1835. 53 

Fourthly : That there was no longer any Ayuntamiento for the 
Partido of which San Francisco was the cabecera, or capital. 

A. D. 1835. 

A Complete Pueblo existed at San Francisco. 

§ 77. We see, therefore, that there was a complete Pueblo of San 
Francisco, with its own Ayuntamiento, and thus possessing the highest 
political organization known to the laws of Spain and Mexico. For, a 
Pueblo thus organized under Article IV of the Law of May 23, 1812, 
with one Alcalde, two Regidores, and one Sindico Procurator, Leyes 
Vigentes, page 28, ante §§ 47-51, Addenda, No. X, page 18, etc., 
had as high a political capacity as those Pueblos with two Alcaldes, 
and eight, twelve, or even sixteen Regidores, as provided in that and 
the succeeding article. In each and every case, the Ayuntamiento of 
a Pueblo possessed the general functions and powers usually belonging 
to Spanish, French and English Common Councils (Councils of the 
Commune) and which are defined at great length in the Leyes 
Vigentes, page 85, etc. Decretos de 23 de Junio de 1813, Instruccion 
para el gobierno economico politico de las provincias. Capitulo I, De 
las obligaciones de los Ayuntamientos ; Decree of June 23d, 1813. 
Directions for the politico-economical government of the provinces 
(California was a Department after the Revolution of 1821) ; Chapter 
I, concerning the duties of Ayuntamientos, Leyes Vigentes, 50, ut 
supra. See also Decreto de 9 de Octobre de 1812 ; Reglamento de 
las audiencas y juzgados de primera instancia ; Capitulo III. De los 
Alcaldes constitutionales de los Pueblos — Concerning the constitutional 
Alcaldes of the Pueblos ; showing that these Alcaldes belonged to the 
same constitutional system as the Ayuntamientos of Pueblos, Leyes 
Vigentes, pp. 35, 50; 1 White's Recopilacion, 419, etc. See by com- 
parison, Merlin, Repertoire de Jurisprudence, Vol. 5, p. 191, title 
Commune. The title of Villa, which some Pueblos had, was only 
one of dignity, as that of Ciudad, city, was of nobility ; neither con- 
ferred any increase of political or municipal power or consideration. 

A. D. 1835. JUNE. 

The Ayuntamiento of San Francisco ask for their Ejidos 
and propios to be assigned. 

§ 78. Among the papers mentioned in the list of Pueblo Ar- 
chives contained in the document Exhibit No. 1 to testimony of R. C. 
Hopkins, is the following : " 1835, June. A reply to the petition made 
" by the Ayuntamiento in relation to the assigning of ejidos and lands 
" for pro'piosr This document is one of the lost documents ; the 
original is not to be found in the Archives, nor is its duplicate among 
the Pueblo papers. It seems, therefore, that the Ayuntamiento of 
San Francisco, in 1835, thought that that Pueblo was entitled to 
Ejidos, and Propios, respecting which see §§11 and 14 of this argu- 
ment. The Departmental Junta was not in session from Nov. 3d, 



54 SECULARIZATION OF THE MISSIONS DECREED. 

1834, to August 5th, 1835. California Archives, Legislative Records, 
Vol. II, pages 247-250. September, 1835, Don Lorenzo Quijas, the 
missionary monk at the Mission of Dolores, petitioned to have ejidos 
assigned for that Mission ; but this petition was rejected by the De- 
partmental Junta. Ibid, pages GOO, 282. It thus appears that the 
Pueblo of San Francisco and the Mission of Dolores were not at that 
date confounded with each other. 

A. D. 1835. 

The Political Authorities prepare to Secularize the 
Missions. Thr real Object of Secularization. It is 
attempted and suspended, but the missions ruined mean- 
WHILE. 

§ 79. The theory of secularization was a plausible one. It was : 
that the country having been colonized, and the Indians converted, the 
Missionary system had thus become spent by accomplishing its object; 
that the system of Secular curacies — a normal one in the church — 
should now be substituted in their stead, and the population around 
them established in villages ; that the Monks, who were mostly Span- 
iards, and, as such, nationally unpopular, and supposed to be hostile to 
the newly acquired " Independence," should be got out of the country; 
leaving California fully colonized, with uniform and homogeneous 
institutions, united, prosperous and contented. Ante, §§ 26, etc. But, 
beneath these specious pretences, was undoubtedly a perfect under- 
standing between the Government at Mexico and the leading men in 
California, that such a condition of things should be created that the 
Supreme Government might absorb the "Pious Fund" under the pre- 
tence that it was no longer needed for missionary purposes, and thus 
had reverted to the State as a quasi escheat ; while the co-actors in 
California should appropriate the local wealth of the Missions, by the 
rapid and sure process of " administering " their temporalities. The 
history of the " Pious Fund " already given (ante, §§ 60 to 68 of this 
argument), and that of u Secularization," hereafter sketched in this 
argument, leave no doubt of the truth of this proposition. Already on 
August 17th,' 1833, the Mexican Congress had ordered the Missions 
to be secularized, the object being to convert the Missions into vil- 
lages, the Indians into citizens, and the Mission chapels into parochial 
churches, under the charge of secular Priests. See Addenda, No. 
XV, page 26. This scheme was attempted to be carried into effect by 
Governor Figueroa, who adopted certain " Provisional Rules for the 
Secularization of the Missions," bearing date August 9th, 1834, and 
which were to be put in force in August, 1835. See Addenda, No. 
XIX, page 31, Art. I. These regulations were approved by the Cali- 
fornia Legislature on Nov. 3d, 1834, and further steps taken by them 
to provide for the payment of the parochial priests. See Addenda, 
No. XX, page 34. It will be seen by examining the provisions of 
these three laws that they contemplated the gradual change of these re- 
ligious communities into civil municipalities, that their property, (flocks, 



GRANTS OF PUEBLO LANDS BY THE GOVERNORS. 55 

etc.) should pass at once into civil administration, and that secular 
priests should take the place of the missionaries. That administrators 
did at once assume the charge of the temporalities of the Missions is 
very evident, for in September, 1835, we find Flores acting as Admin- 
istrator of the Mission of Dolores. Addenda, No. XXV, page 39. 
But greed}' and ready as the Administrators were, the parochial 
priests were not forthcoming, and consequently the President, of Mexi- 
co, by decree of November 7th, 1835, suspended the execution of the 
law of secularization until the parochial curates should appear and 
take possession of the Missions ; that is, suspended the law for the 
time being. See Addenda, No. XXVIII, page 43. Governor Al- 
varado, in his " Eegulations respecting Missions," of January, 1839, 
states explicitly that the secularization of the Missions had not yet at 
that late date been effected, while they had been plundered by persons 
acting as administrators. Addenda, No. XXXVII, page 55, pream- 
ble and Art. I. We shall bear in mind, then, that during the period 
from 1833 to 1839, the secularization of the Missions of California 
had been decreed by law and regulated by " Provisions," all of which 
were suspended, and not carried into effect any further than to place 
the Missions in the charge of administrators who " administered " them 
much as Santa Anna administered the " Pious Fund of California," 
ante, §§ 67, 68. Meanwhile there was no Indian Pueblo at Dolores, 
but the Indians still lived in community there. See all the documents 
cited in this section. 

A. D. 1835. 

The Governor of California begins to grant Sitios, or 
Ranchos from the Pueblo Lands. 

§ 80. Meanwhile, it having been determined that the Missions 
should be plundered, private individuals began to petition for grants of 
grazing lands, which, when obtained, were for the most part stocked 
with the spoils of these religious establishments. 1 De Mofras, 301, 
303, 390. Among such grants were many from the lands of various 
Pueblos, and in the number of these is that of San Francisco. It is 
necessary now to inquire by what right the Governor could make such 
grants of Pueblo lands ? 

Authority of the Governor to make Grants of Pueblo 

Lands. 

§ 81. There are several principles enunciated in the case of Brown 
against the City of San Francisco, 16 California Reports, 451, upon 
any of which the authority of the Governors of California to make 
grants of lands situate within the limits of Pueblos, may be sustained ; 
and that they had such authority, that case decides expressly in point. 
Independently of any express authority being shown, such authority 
will be presumed. United States vs. Perchman, 7 Peter, 95. But 
the true source of that power seems to be in that enactment made by 
the Cortes of Spain on the 4th of January, A. D. 1813, -to which I 



56 GRANT OP THE LAGUNA. DE LA MERCED. 

have before referred, ante § 52, which is one of the laws that survived 
the Mexican Revolution, and is contained in the Leyes Vigentes, at 
page 56. It is printed in full in the Addenda, No. XI, at pages 20, etc. 
Section 1 of this decree provides that all the lands and property of the 
Pueblos, both in Spain and beyond the seas, except the ejidos, or 
commons, (vacant suburbs) should be reduced to private ownership ; 
while Article 3d enacts that, in the distribution of the lands, prefer- 
ence should be given to the residents of the respective Pueblos — " Los 
vecinos de los Pueblos en cuyo termino existen." No other authority 
was needed. 

A. D. 1835. 
Galindo's Espediente for the Laguna de la Merced. 

§ 82. Several espedientes of grants of lands in the vicinity of San 
Francisco have been introduced in evidence, and they all illustrate the 
views which I have endeavored to enforce, and shed a strong light 
upon the progressive growth of the Pueblo of San Francisco. The 
first in order of date is the " Espediente sobre el Parage nombrado 
" i Laguna de la Merced,' solicitado por Jose Antonio Galindo." " Es- 
" pediente for the place called ' Laguna de la Merced,' (Lake of Mercy,) 
" petitioned for by Jose Antonio Galindo." This is the espediente No. 
10, in Wm. Carey Jones' list, U. S. Senate Documents, 1850-1851, 
Vol. 3, Doc. 18, p. 95, etc., and set forth in Exhibit Hopkins, No. 12, 
duplicated in Exhibit Hopkins, R, and printed in the Addenda, No. 
XXV, at page 38. The espediente commences with a petition of 
Galindo to the Superior Political Chief (Governor) for the Rancho 
known as " La Laguna de Merced," dated at San Francisco, Aug. 15, 
1835. The land is described in the petition as " vacant, lying near 
" San Francisco and Dolores." The Governor, in the marginal 
informe, dated Sept. 5, 1835, directs the " Ayuntamiento of San Fran- 
" cisco to report whether the interested party has the requisite qualifi- 
" cations. Whether the land * # * is the property of any 
" individual, Mission, corporation or Pueblo," (corporacion 6 Pueblo,) 
and after they had made their report to " transmit the espediente to 
" the superintendent of the Mission, that he may report also :" — " al 
" Senor mayor domo de la misma Mission para que esponga lo que le 
" ocurra sobre el particular." The Ayuntamiento of San Francisco, 
by a report dated at San Francisco, Sept. 10th, 1835, (el Ayuntamiento 
de esta demarcacion,) state " that the land formerly belonged to the 
" Mission of San Francisco, from which it is one league distant, to the 
" west, that the land is almost worthless, which is all that this corpo- 
" radon (esta corporacion) has to say in the matter." This report is 
signed by Francisco De Haro as President of the Ayuntamiento, and 
by Francisco Sanchez as Secretary. The espediente next contains the 
report of Guermecindo Flores, Superintendent of the Mission, dated 
at Dolores, Sept. 13th, 1835, which states " that the lands belong to 
this Community," (Comunidad,) [see ante § 17] that "it is at the 
" distance of a little more than a league from it and not occupied by 
" it, but, as the ejidos and propios which, it seems to me, will remain 



THE AYUNTAMIENTO GRANT BUILDING 'LOTS. 57 

" to this (place) when it shall be erected into a Pueblo are not yet 
" designated. I do not know whether or not they will embrace this 
" land, or whether or not they can be granted without injury to this 
" community. (Pero con motivo que no estan aun sefialados los ejidos 
" 6 propros que me parece quedaran a esta cuando se erija en Pueblo, 
" etc)." The espediente was carried forward to its conclusion, and the 
land granted to the petitioner, being approximately the tracts marked 
" Merced " and De Haro on the accompanying map. 

From this espediente several important facts appear : 

First : That although the term San Francisco was often applied 
to the Mission of Dolores, because it was the Mission " de los Dolores 
de San Francisco de Asis," yet when official acts or proprietary rights 
were concerned, the two were kept perfectly distinct. Here, in the 
same petition, these two places are spoken of as " San Francisco and 
Dolores," and while all documents relating to San Francisco are dated 
at that place, yet those relating to the Mission are dated at Dolores. 

Secondly : That there was at that early date an " Ayuntamiento 
of San Francisco," which had a President and Secretary, and which 
styled itself a " corporation." 

Thirdly : That although there was at that early date a " Pueblo 
of San Francisco," (see §§ 72 to 77,) yet that this Pueblo was not 
at the Mission of Dolores, for we find the mayor domo of that Mission 
expressing his hopes that the Mission would yet be erected into a 
Pueblo : hopes which he may be pardoned for entertaining in the 
second year of the secularization of the Missions. 

Fourthly : That the Mission is always spoken of as a community, 
(comunidad,) the Missions and the Indian Pueblos always enjoying 
their property in that form. See ante § 17. 

Fifthly ; That the lands petitioned for being within or near the 
four leagues claimed for the Pueblo of San Francisco the Ayunta- 
miento of that "corporation" were consulted on the subject. The 
Administrator of the Mission was consulted because that establishment 
had still an existing servitude in the lands : the Ayuntamiento of 
San Francisco was consulted because that Pueblo might have the 
ultimate right to the lands themselves. The lands are spoken of by 
the Administrator of the Mission as " belonging to it," a thing which 
was impossible. Ante, § 26. Doubtless they had formerly been in 
the possession of the Mission, though Flores reports that they were 
not now in its possession. The Ayuntamiento of San Francisco report 
that the lands are worthless, and so beneath their concern. 

1835. 

Th"e Ayuntamiento of the Pueblo of San Francisco had the 
Power to Grant Solares, or Building Lots, and Suertes, 
or Lots for Cultivation. 

§ 83. In 1835, after the establishment of the Ayuntamiento of the 
Pueblo of San Francisco, Don Jose Joaquin de Estudillo petitioned 
De Haro, the Judge of First Instance, at San Francisco, for a grant of 



58 

a building lot and of a suerte for cultivation. The Judge of First 
Instance referred the matter to Governor Figueroa, who, on August 6th, 
1835, replied that the Ayuntamiento had not the power to grant such 
lands. See Addenda, No. XXIV, page 37. But this reply does not 
seem to have been either right or acceptable, for the matter was after- 
wards brought before the Territorial Deputation of Upper California, 
who, on the 22d of September, approved that the " Ayuntamiento of 
that Pueblo " might make such grants, and Governor Castro in his 
order of October 27th, 1835, directs the Alcalde of San Francisco to 
make the decision of the Territorial Deputation known to " the inhab- 
itants of that Pueblo." See Addenda, No. XXVI, page 42. From 
this document last cited, three things are evident : 

First : That in September, 1835, the Territorial Legislature of Up- 
per California were of opinion that there was a " Pueblo of San 
Francisco," and an "Ayuntamiento of that Pueblo," which, con- 
sequently, was not the Ayuntamiento originally established for the 
Partido. 

Secondly : That in October, 1835, Governor Castro was of the 
same opinion. 

Thirdly: That in 1835, the "Ayuntamiento of the Pueblo of 
San Francisco" had the power to grant lands for building 
lots. 

The last Proposition above stated is Decisive of the Ques- 
tion. 

§ 84. For, if the Ayuntamiento of the Pueblo of San Francisco 
had the power to grant lands, it could be only because such 
lands belonged to that Pueblo. 

I have before shown that the law passed by the Cortes of Spain, on 
January 4th, 1813, directing all the lands and other property of the 
Pueblos to be sold or granted in private ownership, was held by the 
Mexican jurisconsults to have survived the Mexican Revolution of 
1821. See § 52 of this argument. Also, Leyes Vigentes, Preface, 
pages i to iv. Also, Addenda, No. XI, page 20. But in the re- 
cent case of the United States vs. Vallejo, 1 Black, St. S. S. C. Re- 
ports, page 541, decided in 1862, the Supreme Court of the United 
States decided that this enactment by the Cortes of Spain, in 1813, so 
far forth as the Crown Lands [ov public lands], was repealed by the Col- 
onization Laws of Mexico, enacted in 1824 and 1828. See § 81 of this 
argument. See these laws of Colonization, Addenda, No. XII, page 
23, Id. No. XIV, page 25. But as these laws of Colonization thus 
repealed all former laws relating to public lands ; and as by their terms 
these public lands could be granted only by the Governor, who had" no 
power to delegate this authority, Law of 1824, Addenda, No. XIV, 
page 25, §§ 1, 2, 3, 4; and as lands belonging to private persons, corpo- 
rations or Pueblos were excepted from the provisions of these Colo- 
nization laws, Law of 1824, Addenda, No. XII, page 23, § 2 ; and as 
the Ayuntamiento of San Francisco had the power to grant these 



ONLY BECAUSE THEY BELONGED TO THE PUEBLO. 59 

lands, see preceding § 83 ; it therefore follows : that the Pueblo of San 
Francisco, not being a private person, but still owning lands not subject 
to the Colonization Laws, and which it had the power to grant, was 
either " a corporation or a Pueblo," § 2 above: in other words, was an 
organized Pueblo, and, as such, was a Corporation, or, at least, a 
quasi Corporation. The established fact that the Ayuntamiento of 
the Pueblo of San Francisco could thus grant lands, becomes decisive 
of the ownership of lands by that Pueblo. And this also shows that 
whereas the lands belonging to Pueblos were excepted from the opera- 
tion of the Colonization Law of 1824, see Addenda, No. XII, page 
23, § 2, that law survived as to the lands owned by such Pueblos, and 
consequently the source of the power of Ayuntamientos of Pueblos to 
grant such lands is to be found in that act of the Cortes of Jan. 4, 1813, 
which expressly gives it to them. See the act of the Cortes, Adden- 
da, No. XI, page 22, §§ 15 to 17 inclusive. So that Governor Castro 
and the Departmental Legislature proved themselves better lawyers in 
this point than Governor Figueroa. See ante § 83. 

§ 85. It thus appears that the Ayuntamiento of San Francisco had 
the power to grant solares to the vecinos of the Pueblo. By what right ? 
Not from the colonization law, for this gave no such right to towns ; 
nor was any power of granting lands under that law capable of being 
delegated by the Governor or Departmental Junta to an Ayuntami- 
ento, and yet the power was by the Governor and Departmental Junta 
declared to exist in the Ayuntamientos of the Pueblos, and was 
exercised by them for years without question, in face of the coloni- 
zation laws of 1828. The right, then, was superior to the colonization 
laws, and anterior to them ; founded on the laws of Old Spain, and 
therefore expressly excepted from the operation of the colonization 
laws. In the decree of August 18, 1824, respecting colonization, 1 
Rockwell, 451, Addenda, No. XII, page 23, Sec. 2, it is declared : 
" The objects of this law are those national lands which are neither 
" private property nor belong to any corporation or pueblo, and can, 
" therefore, be colonized." The Pueblos, therefore, by their constituted 
agents, the Ayuntamientos, had an original power to make grants of 
these lands ; and the validity of an execution of this power was not 
in any degree impaired by the fact that the Governor, representing the 
Sovereign as the supreme visitor of all corporations, could also make a 
beneficial disposition of such of these lands as had not been granted 
by the Pueblo, by conceding them to vecinos of the Pueblo. 

1835-1836. 

Survey of the Buri-Buri Rancho. 

§ 86. In 1835 a grant was made to Don Jose Sanchez, of the 
Rancho Buri-Buri, see Jones's list, No. 20, and juridical possession 
was to be given to him. See the accompanying map : " Buri-Buri." 
This matter was intrusted to De Haro, who was Judge of First 
Instance in San Francisco. The Pueblo of San Francisco was thus 
represented in the person of its first officer. He therefore gave notice 



60 SURVEY OF THE BURI-BURI RANCHO, A. D. 1836. 

to the Mayordomo of the Mission of Dolores, to appoint his surveyor, 
and appear in court for the purpose of making the survey and finishing 
the proceeding. See Addenda, No. XXVII, page 43. The survey 
appears to have been had, and to have been wrong, as interfering with 
the private rights of certain Indians to whom tracts of land had been 
previously granted in private ownership ; for which reason the then 
Governor, Gutierrez, ordered a new survey. See Addenda, No. 
XXXII. It has been attempted from these proceedings to draw the 
conclusion that the Mayordomo of the Mission of Dolores [de San 
Francisco] having been summoned to take part in these proceedings as 
the only coterminous neighbor (unico colindante) of the grantee of the 
Rancho of Buri-Buri, therefore the Pueblo of San Francisco could 
have no ownership or interest in the lands. But in reply it is to be 
remarked : 

First. That by the previous laws the Catholic Missions in Cali- 
fornia, although not recognized as the owners of lands, w T ere recognized 
as possessing an easement or servitude in the lands actually occupied 
by them, until that easement or servitude should be terminated by 
some legal official act. Ante § 26. 

Secondly: That by § 17 of the Regulations of colonization of 
1828, the lands occupied by the Missions could not be granted in colo- 
nization until some proceeding in the nature of an inquest of office had 
been had in regard to them. See the Law, Addenda, No. XIV, page 
26, § 17. How, then, could lands adjoining a mission be granted 
without summoning the officer representing the Mission as the only 
coterminous neighbor in possession ? In our Anglo-American law, 
when a railroad or other corporation wishes to condemn lands, is a 
tenant in possession of the lands to be regarded at all, or is he entitled 
to be summoned and heard ? But in the case in hand we see that 
the Pueblo of San Francisco was represented by the very officer who 
was to superintend the proceedings, and that the Mayordomo of the 
Mission, representing only an easement or servitude, was duly sum- 
moned. 

Thirdly : That on consulting the maps it is doubtful whether any 
of the lands in question were within the four leagues of the Pueblo, 
but its authorities were notified, as the lands might be within those four 
leagues. 

A. D. 1836. 

The Ayuntamiento of the Pueblo of San Francisco grant 
Building Lots to Richardson and Others. 

§ 87. The Territorial Legislature having decided that the Ayun- 
tamiento of the Pueblo of San Francisco had the power to make 
grants of building lots, (see ante, § 83, Addenda, No. XXVI, page 
43,) that Ayuntamiento immediately began to exercise this right. 
Among other grants was one made to William Richardson, bearing 
date June 1st, 1836, which is printed in full in the Addenda, No. 
XXIV. Other grants of the same kind are in evidence in the case, 
but this will serve as a sufficient specimen of the whole. From this 



GRANT OP THE RANCHO SAN PEDRO, A. D. 1836. 61 

one it appears not only that the Ayuntamiento exercised this right of 
granting lands, but that it considered and styled itself a "corporation." 

De Haro's Espediente for the Rancho San Pedro. 

§ 88. The next espediente in order of date, of a grant of sitios 
near the Pueblo lands, is that of Francisco De Haro for the Rancho 
San Pedro, (see " San Pedro " on the accompanying map of the 
petition,) being dated at the port of San Francisco, Nov. 22d, 1835, 
and the grant made on March 14, 1836. Exhibit Hopkins, S. Ad- 
denda, No. XXXI, page 48. De Haro states that the land has for- 
merly been occupied " by the Indians of the Pueblo of Dolores," but 
is not now occupied by them. Perhaps he thought that the secular- 
ization of the Mission had converted it at once into an Indian Pueblo. 
But the Governor did not think so, for in his informe dated Feb. 26, 
1836, he directs " the Administrator of the Ex-Mission of San Fran- 
" cisco de Asis to report upon the petition," and Flores, the Adminis- 
trator, reporting upon it on March 9th, 1836, styles it the Ex-Mission, 
(esta Ex-Mision,) and says that the lands are more than four leagues 
distant from it ; but he states that, in his opinion, the tract " should 
"remain to this ' community,' when it shall be erected into a Pueblo; 
" (Pero con motivo de no estar senalados les ejidos 6 proprios que me 
" parece deben quedar a este cuando se erije en Pueblo.") In fact the 
Mexican Government, by a decree of November 7th, 1835, had sus- 
pended for the time being the further execution of the secularization 
laws, so that no Indian Pueblos could for the present be formed, and 
doubtless both the Governor and Administrator knew that fact. See 
the decree, 1 Rockwell, 462. Halleck's Report, Appendix, No. 16. 
Jones' Rep., 63. Addenda, No. XXVIII, page 48. From this last 
expediente also it is apparent : 

First : That although there was a Pueblo of San Francisco, 
with an Ayuntamiento, Alcaldes and Rejidores, (§§ 72 to 77,) there 
was no Pueblo at the Mission of Dolores, which still lived only in 
the expectation of being erected into an Indian Pueblo at some future 
time. 

Secondly : That this Indian Pueblo hoped to have ejidos assigned 
to it at a place called San Pedro, which was four leagues from the 
Mission of Dolores, and consequently nearly five leagues from the 
Pueblo of San Francisco, and therefore far beyond the lands claimed 
by it. 

Thirdly : That the reason why the municipal authorities of the 
Pueblo of San Francisco were not consulted upon this espediente was, 
because the lands were far beyond the limits of its own property, that 
is to say, beyond the limits of the four square leagues belonging to the 
Pueblo of San Francisco. 

Fourthly. That this espediente fully justifies the definition I have 
given of the word Pueblo in § 9 of this argument : that is, in a 
general sense, a hamlet, a village or any other settlement ; but in an 
exalted and specific sense, an organized town, — a body politic and cor- 



62 THE AYUNTAMIENTO SUSPENDED, A. D. 1839. 

porate. Here, in this same expediente we find the petitioner styling 
the Mission of Dolores the Pueblo of Dolores, and the administrator 
of the Mission declining to recommend the prayer of the petition, 
because the Indians who then lived in Community, (see § 17 of this 
argument,) hoped thereafter to become a Pueblo, or as the Spanish has 
it " to be erected into a Pueblo." How, then, is this to be" explained ? 
Dolores a Pueblo, and still expecting to be erected into a Pueblo ? 
The explanation is simple : the Mission of Dolores was a Pueblo in 
the generic sense of hamlet, village or settlement : it hoped to be erected 
into a Pueblo an organized town, or Pueblo politic and corporate. 
See § 9 of this argument. That the Mission of Dolores had not 
been erected into an organized Pueblo, politic and corporate as late 
as April 8th, 1844, will appear hereafter in § 114 of this argument; 
that it was never erected into such a Pueblo will appear in § 118 of 
this argument. 

A. D. 1838. 

Suspension of the Ayuntamiento of San Francisco : Jus- 
tices of the Peace Succeed the Ayuntamiento. 

§ 89. How long did this Ayuntamiento continue ? We find evi- 
dence of its existence down to the year 1838, as above referred to, in 
Exhibit No. 9, annexed to the deposition of M. G. Vallejo. We find 
in Exhibit No. 1, and duplicated M, annexed to the deposition of R. 
C. Hopkins, under date of December, 1835, and January, 1836, men- 
tion made of Joaquin Castro, who was then Regidor, and also, in Janu- 
ary and July, 1836, of Gregorio Briones and Jose de la Cruz Sanchez, 
who were then Regidores; and in December, 1837, of the then Sindico, 
Bias Angelino. But it is probable that the Ayuntamiento elected in 
January, 1838, ut supra, was the last Ayuntamiento of the Pueblo. 
We have already adverted to the fact stated in the Decreto de 23 de 
Mayo de 1812 — Leyes Vigentes, p. 28, Art. II, ante § 47, Addenda, 
No. X, page 19, Art. II — that Pueblos might lose their Ayuntamientos 
by diminution of their population. We find in the Message of the 
Governor to the Departmental Junta, delivered on February 16th, 
1840, the following passage : " There is no Ayuntamiento whatever 
" in the Department, for there being no competent number of inhabit- 
" ants in any of the towns, as provided by the Constitution, those then 
" existing had to be dissolved ; and only in the capital there ought to 
" be one of such bodies." Document D.P.L. in the case. See Ad- 
denda, No. L, page 70, title Ayuntamientos. It is thus evident that 
between the election of the Ayuntamiento of the Pueblo in January, 
1838, and February, 1840, that body had ceased to exist, because its 
electoral basis of population required a numerical figure higher than 
that represented by the actual population. 

Why the Ayuntamiento ceased to Exist. 

§ 90. The reason of this failure of the requisite basis of popula- 
tion was two fold. For by the Mexican Constitution of 1836, the 



WHY THE AYUNTAMIENTO CEASED TO EXIST. 63 

population requisite to sustain an Ayuntamiento was raised to four 
thousand in sea ports, and to eight thousand in other Pueblos, and in 
those Pueblos not thus qualified in point of population, Justices of the 
Peace were to be appointed with the powers of A3 7 untamientos. Sixth 
Constitutional Law of 1836. Addenda, No. LXIX, page 100, Art. 
22. De Mofras states, Vol. 1, page 222, that official despatches were 
often a year in the passage between California and Mexico. Governor 
Alvarado in a proclamation dated January 17th, 1839, states that he 
has just received in the last mail a Law of Elections passed on Novem- 
ber 30th, 1836 from the Supreme Government to be put in force in 
California. Exhibit No. 10, to testimony of Vallejo. Addenda, No. 
XXXVIII, page 57. Meanwhile the primary and secondary elections 
for the Ayuntamiento of 1838 had taken place. Exhibits 8 and 9 to 
Vallejo's deposition. Addenda, No. XXV, page 53. This was the 
last Ayuntamiento of the Pueblo under the Mexican dominion. 

Scattering of the Population. 

§ 91. It is easy to indicate the causes of an actual diminution of 
population in the Pueblos. The first law for the secularization of the 
Missions was passed in 1833. These laws, whose ostensible purpose 
was to covert the Missionary establishments into Indian Pueblos, their 
churches into parish churches, and to elevate the christianized Indians 
to the rank of citizens, were, after all, executed in such a manner 
that the so-called secularization of the Missions resulted only in their 
plunder and complete ruin, and in the demoralization and dispersion 
of the christianized Indians. So complete was this ruin that the num- 
ber of Mission Indians which was 30,650 in 1834, had diminished to 
4,450 in 1842; and the number of horses, mules, cattle and sheep 
which was 808,000 in 1834, had sunk to 63,020 in 1842. See the 
Statistical Tables, 1 De Mofras, 320 ; and Addenda, No. LXVII, 
page 97. Only a single grant of land was made under the colonization 
laws before the year 1833, but with that new era of secularization and 
plunder commenced the granting to private persons, under the coloni- 
zation laws, of lands which were afterwards stocked with horses, cattle 
and sheep from the spoils of the Missions. During the period above 
indicated from 1833 to 1842, inclusive, more than three hundred grants 
were made in colonization, as appears from the espedientes preserved in 
the archives. See the list in Wm. Carey Jones's Report. The grantees 
of these lands became for the greater part rancheros upon the domains 
thus conceded to them, and this immense drain upon the population of 
the Pueblos, in a department whose whole white population did not 
exceed 5,000 as late as the year 1842 (1 De Mofras, 318, 319,) must 
have greatly weakened all the Pueblos, while it certainly nearly 
depopulated Branciforte, and perhaps others. The process of the 
" scattering of the inhabitants from the fact that each one has his 
" agricultural and stock interests at a great distance from this place," 
(San Francisco) is described in so many words by De Haro, Alcalde 
in 1839 in Exhibit Hopkins K, Addenda, No. XLI, page 61. 



64 THE PUEBLO OF SAN FRANCISCO STILL EXISTED. 

The Pueblo of San Francisco still existed. 

§ 92. But the Pueblo did not therefore cease to be a Pueblo — 
did not lose its political or quasi-corporate character. The only result 
was that under a law of March 20, 1837, which is recited in the pro- 
clamation of Micheltorena of November 14th, 1843, Exhibit 11 to 
Vallejo's Deposition, Addenda, No. LVII, page 84, the government 
of the Pueblo fell into the hands of the Justices of the Peace, who 
formed a Municipal Junta for that purpose. See ante § 90 and Con- 
stitutional Law of Mexico of 1836. Addenda, No. LXIX, page 
100, Arts. 22, 29, etc. But the Ayuntamiento itself was not abolished. 
It was only suspended. The moment that the population should 
reach the requisite number of 4,000, the Pueblo would again be 
entitled to its Ayuntamiento. Const. 1836. Addenda, No. LXIX, 
Art. 22, page 100. Accordingly we shall find that when the Pueblo 
of San Francisco, after the American conquest of California, attained 
the requisite population, it again elected its Ayuntamiento, not under 
any provision of the laws of the conquerors, but under these very pro- 
visions in the Mexican Constitution of 1836, under which the Ayunta- 
miento of the Pueblo was suspended in 1839. See Addenda, No. 
LXXY, page 108, and No. LXXVII, page 111. 

A. D. 1839. JANUARY AND MARCH. 

Alvarado's Regulations respecting Missions. 

§ 93- In January, 1839, Governor Alvarado promulgated certain 
regulations respecting Missions. See Addenda, No. XXXVII, page 
55. This document is of importance only because it shows that hitherto 
the secularization of the Missions had not taken effect, but had only 
been attempted, and that the Missions, including Dolores, had not yet 
been converted into Indian Pueblos, but that the Indians were still 
living in them in community. See ante § 17. These regulations 
were followed by others promulgated in March of the same year, which 
have the same, but no further importance in the case. See Addenda, 
No. XXXIX, page 57. It will be observed that all these regulations 
contemplate the secularization of the Missions as a thing still to be 
accomplished, whereas I have shown that the Pueblo of San Fran- 
cisco was already in existence. Ante §§ 74 to 78. The effect of 
these regulations was to complete the ruin of the Missions. 

1839. FEBRUARY. 

No Jail in San Francisco. 

§ 94. The causes which had weakened the Pueblo of San Fran- 
cisco, as before related, had been so ^effective that in February, 1839, 
Jose Antonio Galindo, who, in his expediente of 1835, for the Laguna 
de Merced, see Addenda, No. XXV, page 39, is described by Justice 
De Haro as " an honest man," seems now to have lapsed into the posi- 
tion of a criminal, and the same Justice De Haro reports to the Gov- 



MUNICIPAL ORDINANCES OF THE PUEBLO, A. D. 1839. 65 

ernor that the population having become rancheros, there are few re- 
maining at San Francisco to guard him, and as there is no jail, the jus- 
tice asks that Galindo be sent to San Jose for security. See Adden- 
da, No. XLI, page 61. This document is curious, but not important. 
It illustrates the primitive simplicity of the golden age in Upper Cali- 
fornia, in which the cause came always before the effect, and no neces- 1 
sity was found for jails, until criminals existed to be restrained of their 
liberty. Happy was San Francisco, to whom the " fact " criminal had not 
yet suggested the word "jail :" less happy, but more wise San Jose, 
whose experience had already advanced to the word and fact of 
" prison." 

A. D. 1839. 

Constitutional Elections for 1839-1840. 

§ 95. By a law promulgated November 30th, 1836, under the Mex- 
ican Constitution of that year, definite rules were established for the 
election of deputies to the General Congress, and of members to the 
Juntas of the Departments, [or Departmental Legislatures.] The 
terms of this law are of no importance to the present discussion ; the 
law provided for a Primary election of Electors, and a Secondary elec- 
tion, in which the Electors were to choose the Deputies to Congress 
and the members of the Departmental Junta. See the law at large : 
" Bases y Leyes Constitucionales de la Republica Mejicana, decretadas 
" por el Congreso General de la Nacion en el ano de 1836. Mejico, 
"imprenta del Aguila, dirigida por Jose Ximeno, 1837," page 106, etc. 
Elections were ordered under this law in California by Governor 
Alvarado, by a proclamation dated January 17, 1839. See this procla- 
mation in the Addenda, No. XXXVIII, page 57. 

From this document it appears : 

First : That this law, which had been in force more than two years, 
had been received by the Governor of California by the " last mail " 
only. 

Secondly: That San Francisco is by it classed as a Pueblo with 
San Jose, Los Angeles, the Villa of Branciforte etc., which were unde- 
niably fully organized Pueblos, bodies politic and corporate. 

Thirdly : That the Port of San Francisco was recognized as the 
capital [cabecera] of the Northern Partido. 

1839. MAY 20. 

Guerrero, Justice op the Peace, Promulgates certain Or- 
dinances for the Government of the Pueblo of San Fran- 
cisco. 

§96. On May 20th, 1839, Francisco Guerrero, " Justice of the 
Peace of this section of San Francisco," publishes certain municipal reg- 
ulations for the " Pueblo under his charge." See Addenda, No. 
XLIII, page 62. The " section " was doubtless the district comprised 
within the limits to which the jurisdiction of the Judge of the Pueblo 
extended, otherwise called the "termino Jurisdicional," ante § 9, 
5 



66 JUSTICES OF THE PEACE OF THE PUEBLO OF SAN FRANCISCO 

Addenda, No. XXXIII, page 51. Guerrero promulgates these ordi- 
nances "in conformity with Article 29th of the law of November 30th, 
1836." This is the law above cited, § 90, contained in the Addenda, 
No. LXIX, page 100, adopted Dec. 29th, 1836, and published Decern- 
her 30, 1836, wrongly cited by Guerrero as November, and the article 
cited by him is that which gave him as Justice of the Peace, the pow- 
ers of an Ayuntamiento of the Pueblo in respect to police. The ordi- 
nances are declared to be for the " order and good management of the 
Pueblo." Preamble. The Pueblo had its demarcation. § 7th. The 
proclamation was given in " the Pueblo of San Francisco." And yet 
it is contended that there was no organized political or quasi corpo- 
rate Pueblo of San Francisco ! 

A. D. 1839. 

ESPEDIENTE OF LEESE FOR THE RANCHO La VlSlTACION. 

§ 97. The espediente of Jacob P. Leese for the Rancho La Visi- 
tation, Exhibit V to deposition of R. C. Hopkins, began in November, 
1839, and concluded in July, 1841, is of little value, except as showing 
how completely the Mission of San Francisco had passed out of exist- 
ence as a living organization. It is mentioned only once in the espedi- 
ente, and then only as a locality, while the Justice of the Peace of the 
Port of San Francisco is the officer who executes the informe. These 
lands are those marked in the lower right hand portion of the accom- 
panying map as "La Visitacion." See Addenda, No. XL VII, 
page 67. 

1839. NOVEMBER 3. 

Building Lots are Granted to Settlers at the Establish- 
ment of the Mission of Dolores. 

§ 98, On April 20th, 1839, De Haro, Justice of the Peace, repre- 
sents to the Governor that a house-lot [solar] had been petitioned for 
by one Gomez. See the document, Addenda, No. XLII, page 61. 
He dates from the Establishment of Dolores ; while he calls it an Ex- 
Mission, he pleads that it has " a character of Pueblo " because it had 
been named the head of the Partido. From this document it is evi- 
dent that the Indian village at Dolores was not that Pueblo of San 
Francisco which we have seen had already been in existence for 
four years. Who ever heard of a Pueblo, recognized and existing 
with its Ayuntamiento, pleading for a character of Pueblo ? Who ever 
dreamed of a Pueblo existing for four years in which not a single 
house-lot had ever been granted ? That building lots were granted 
in Dolores, appears from the Addenda, No. LXXVIII, page 113. 

§ 99. This communication seems, however, to have been without 
effect, for on July 15th, 1839, Guerrero, Justice of the Peace of San 
Francisco, writes to the Prefect. Castro, stating that some residents of the 
Municipality of San Francisco, wished to settle themselves in the 
Establishment of Dolores, and asked to have house-lots granted to 
them. Guerrero was a native of Tepic, a laborer by occupation, and 



feom a. d. 1839 to 1846. 67 

in 1839, twenty-eight years of age. Addenda, No. LV, page 79. 
His official documents are unique, full of new idioms, newly conceived 
words, and replete with involved sentences and confused ideas. In 
the above cited communication to the Prefect, see Addenda, No. 
XLIV, page 63, Guerrero, discharging the office of Justice of the 
Peace at San Francisco, and going home at night to his house at Do- 
lores, I De Mofras, 426, 427, where he wrote his communication as 
it seems, knowing that he was writing in behalf of the Pueblo of San 
Francisco, and still being conscious that he was at the Mission, appa- 
rently confounds " the Municipality of San Francisco " with " the 
Establishment of Dolores." But the Prefect, Castro, forwarding 
this request to the Governor, under date of Nov. 25, 1839, while he 
adopts the plan of Guerrero's communication, carefully removes all 
confusion and obscurity. See the Prefect's letter, Addenda, No. 
XL VIII, page 68. " The residents of the Municipality of San 
" Francisco have made various verbal representations through the 
"Justice of the Peace, to the end that through this Prefectura, they 
"may receive the necessary license to establish themselves in the 
" Establishment of Dolores, where they wish to form a settlement." 
* * * "All are now dispersed." The Governor grants the Justice 
the power to concede building-lots at the Establishment of Dolores, 
under several conditions, one of which is that they shall not "disturb 
the Indians so long as the Community exists." lb. 

From these documents it is evident : 

First : That the Municipality of San Francisco was perfectly 
distinct from the Establishment of Dolores. 

Secondly : That although house-lots had been granted for years in 
the Pueblo of San Francisco, ante § 83, Addenda, No. XXVI, page 
42 ; XXXIV, page 53 ; yet that down to November 3d, 1839, no 
building-lots had been granted at the Establishment of Dolores. 

Thirdly : That most of the neophytes of the Mission were dispersed, 
for the phrase " all are now dispersed," can be applied only to them, 
and not to the residents of San Francisco, who wished to establish 
themselves at the Ex-Mission. 

Fourthly : That Dolores had not yet been converted into an In- 
dian Pueblo, for the few Indians there were living " in community," 
and it was intended to transfer them to San Mateo. See Comunidad, 
ante § 17. Addenda, No. XL VIII, page 69, Governor's order, § 2. 

A. D. 1839, Etc 
Other Grants of Pueblo Lands. 

§ 100. Various other grants of lands within the Pueblo of San 
Francisco appear in the testimony, made by Justices of the Peace and 
others/* These grants I regard as of but little importance in the case. 
We have already established, ante § 83, that the lands in the imme- 

* A list of these grants, supposed to be perfect, will be found in the Addenda, No. 
LXXVIII, pages 113 and 114, but whether complete or not matters little to the prin- 
ciple of our argument. There were also Alcaldes in San Francisco for a time under a 
law of March 20th, 1837, but our present purpose requires no further notice of them. 
Justices were generally ex officio Alcaldes. See the same law last cited. 



68 LIST OF FOREIGNEKS IN SAN FRANCISCO IN 1840. 

diate vicinity of San Francisco were subject to be granted by the 
Ayuntamiento of that Pueblo. Consequently they were ex- 
empted from the Colonization laws of 1824 — 1828; consequently they 

BELONGED TO THE PUEBLO OF SAN FRANCISCO. Ante §§ 83, 84. 

But we have also seen that when the Ayuntamiento of San Fran- 
cisco ceased to exist, the Pueblo did not lose its corporate character, 
which still survived under Justices of the Peace who discharged 
the functions of the Ayuntamiento. Ante § 92. We also know, as 
matter of well adjudicated law, that the Legislature of a country has 
visitatorial and legislative power, which can always inspect, direct, con- 
trol and dispose of the property of Municipal Corporations, so far as 
that property is derived from the sovereign and not bound by pri- 
vate contracts or conditions of dedication or endowment. City of New 
Orleans vs. The United States, 10 Peters, 662, 736, 737; 4 Wheat. 
660; 20 Howard, S. C. Rep. U. S. 534; Hart vs. Burnett, 15 Cal. 
612. Therefore, having shown these to be town lands, (Bienes Con- 
cejicles, ante § 13,) subject to grant by the Ayuntamiento of San Fran- 
cisco, (ante § 83,) and the Justices of the Peace not supplanting the 
Pueblo, but merely succeeding the Ayuntamiento as the Town 
Council, ante § 89 ; when we find Justices of the Peace, Governors, 
or other officers granting these Pueblo lands, ante §§ 92, 100, we shall 
conclude that such grants are made by them either as officers of the 
Pueblo or as acting under that superior authority which as inspector, 
visitor, or legislature can dispose of all the property of municipal cor- 
porations, with the exceptions above stated. 

A. D. 1840. MAY 20. 

List of Foreigners in San Francisco in 1840. 

§ 101. A curious document has been introduced in evidence in this 
case, being a List of Foreigners established in the " Sixth Section of 
San Francisco de Asis in 1840." See Addenda, No. LI, page 72. 
This "Sixth Section" was undoubtedly the Judicial District included 
within the Jurisdiction of the Judges of the Pueblo. Ante §§ 9, 16, 
Addenda, No. XXXIII, page 51. The value of this document con- 
sists in this, that it shows that San Francisquito creek at that time 
divided the judicial jurisdiction of the Pueblo of San Francisco from 
that of San Jose, (Pueblo of Alvarado,) 1 De Mofras, 415, and that 
Saucelito on the north-west of the straits and Bay was not within the 
jurisdiction of San Francisco. The fact that all the region north-west 
of the straits and Bay, and west of the Sacramento river, including 
the Pueblo of Sonoma, were without the jurisdiction of San Francisco, 
appears from a document produced in evidence in the case in connec- 
tion with the testimony of P. C. Hopkins, and marked " Exhibit Hop- 
kins No. 3." It appears from the first part of this espediente, dated 
January 1st, 1836, that the Ayuntamiento of San Francisco had ap- 
pointed an auxiliary Alcalde " for the other side of the Bay of San 
Francisco, by which a dispute has arisen in relation to jurisdiction 
between the Alcalde of said Pueblo and the Military Commandante of 
the Frontier of the North," meaning that side lying west of the Bay 



bernal's grant of THE RANCHO LAS SALINAS, A. D. 1840. 69 

and of the Sacramento river. The matter was referred to the Depart- 
mental Junta [Legislature] who decided on July 7th, 1836, "that the 
Illustrious Ayuntamiento of San Francisco should not extend its 
authority as far as the Frontier, as was done by the appointment of 
an auxiliary Alcalde ; # # # * the appointment of an auxiliary 
Alcalde of the Frontier, made by the Ayuntamiento of San Fran- 
cisco, is rejected as being beyond the limits of its jurisdiction." This 
document is very long, and not of sufficient importance to be printed, 
but is of some value as defining the territorial limits of the judicial 
jurisdiction of the Pueblo of San Francisco, — its "termino jurisdic- 
cional." See Addenda, No. XXXIII, page 51, H 3d from the foot. 

A. D. 1840. 
Bernal's Espediente for the Rancho Las Salinas. 

§ 102. The espediente promoted by Jose Cornelio Bernal for the 
place called Las Salinas, commenced in 1835 and concluded in 1840, 
is the espediente numbered 2 and 177 in Jones's List, and duplicated in 
Exhibits No. 13 and T, to the testimony of R. C. Hopkins. Addenda, 
No. XLVI, page 64. See the place marked Bernal Rancho on the 
accompanying map. The first document in this espediente, whose 
papers are deranged in the order of date, is the decision of Governor 
Figueroa, misplaced from its order of date, but dated at Monterey, 
January 2d, 1835, which refers to preceding reports, which are not con- 
tained in the espediente, and which must themselves have been based 
upon a petition and informe which are also lost. The Governor de- 
crees as follows : " As from the preceding reports it appears that the 
" tract of land petitioned for by Jose Cornelio Bernal is the property 
" of the Pueblo of San Francisco de Asis, to which it serves as ejidos, 
" for the cattle of the Public, (es de la propiedad del pueblo de San 
" Francisco de Asis a quien sirve de ejidos para las ganados del comun,) 
"[not comunidad, as translated, see § 17, ante,] his application is not 
" admissible, as it cannot be granted in full property ; but the party 
" may retain his cattle there in the same way as the other citizens do, 
" (lo mismo como los demas ciudadanos,) or apply for some other place 
" which is not appropriated." 

Afterwards, on October 3d, 1839, as appears from the same espediente, 
Bernal again petitions for the same Rancho, and the matter is referred 
to the " Justice of the Peace of San Francisco," who is to transmit the 
espediente with his report to the "Administrator of the Establishment 
of Dolores." The Justice of the Peace, dating from the Justice Court 
of San Francisco, October 8, 1839," reports in favor of granting the 
concession, adding that " the said Bernal is recommendable for the 
" services which he has rendered and is rendering in this municipality" 
" (en esta municipalidad.)" The administrador of the Ex-Mission, 
dating from "Dolores" on the same day, reports that "this establish- 
" ment is not in need of the tract of land petitioned for, because the 
" most of the cattle belonging to the Establishment are on the place 
" called the Pilarcitos on the coast." This place " Las Pilarcitos " on 
the coast, is the same place otherwise called " San Pedro," where the 



70 MESSAGE OP THE GOVERNOK, A. D. 1840. 

Mission of Dolores always pastured its cattle. See § 88, of this argu- 
ment. From this espediente the following facts appear: 

First : That there was a Pueblo called San Francisco de Asis, 
which was composed of citizens who possessed cattle, and that for the 
cattle of the public of said Pueblo the lands called "Las Salinas" 
were used and appropriated. We submit that there is no instance, 
before or after the total ruin of the Missions, where a Mission Indian was 
ever called citizen (cuidadano.) He was always called Indian, Native or 
Neophyte, (Indio, Indigena, 6 Neofito.) Although his ultimate equality 
in the sight of the law was declared, he was always a pupil, and even 
the laws of secularization contemplated that he should ever remain 
such. 

Secondly : That the cattle of the neophyte Indians did not occupy 
the same ejidos as those of the citizens of the Pueblo of San Fran- 
cisco, either in 1835 or in 1839. 

Thirdly: That there was no confusion between the Pueblo of 
San Francisco and the Establishment of Dolores ; but each stands 
out distinctly in its own individuality whenever there is a question 
respecting the possible rights of either, the Superintendent of the 
Establishment of Dolores representing every existing interest of the 
neophytes, and the Municipal Authorities of San Francisco those of the 
Pueblo. 

A. D. 1840. FEBRUARY 16. 

Governor's Message respecting Ayuntamientos, Propios, 
Ejidos, Justices, etc. 

§ 103. On February 16th, 1840, the Governor of Upper Cali- 
fornia, at the opening of the Departmental Assembly, delivered his 
Annual Message, extracts from which wilt be found in the Addenda, 
No. L, page 70, etc. From this it appears that no Pueblo, except 
Monterey, had ever had its Propios or Ejidos measured and set apart ; 
that all the Pueblos had lost their Ayuntamientos because the basis of 
population had been so greatly increased by the Constitution, (see 
ante §§ 89, 90) ; and that Justices of the Peace had succeeded the 
Ayuntamientos in the politico-economical government of the Pueblos, 
also exercising the judicial functions of Judges of First Instance. 
These facts have all been stated before in this argument. The inexact- 
ness of some translator appears in this translation, where " propios y 
ejidos " is translated " common and landed property," English terms 
which would include the dehesas, or large pastures ; and '.' fundo legal " 
is rendered simply " legal property," instead of " propios " and the like 
landed property from which municipal funds were raised by way 
of rent. 

A. D. 1841. AUGUST 8. 

mlramontes, vlce-justice of the peace at dolores, resigns 

his Office. 

§ 104. On August 8th, 1841, Vicente Miramontes, Vice-Justice 
of the Peace "in the Pueblo of Dolores, in the jurisdiction of the 



FISC AND CENSUS OF THE PUEBLO, A. D. 1842. 71 

Port of San Francisco," addresses the Prefect, and pleads ignorance 
and poverty as reasons why he should not be reappointed. Addenda, 
No. LIII, page 74. This document is dated at the Pueblo of Dolores. 
This word Pueblo is here evidently used in the sense of " village or 
hamlet," as I have before shown. Ante, § 9. That there never was 
an organized politic or corporate Pueblo there is clearly apparent from 
all the documents in evidence. See §§ 88, 102, 114. 

A. D. 1842. JANUARY. 

The Pueblo of San Francisco had a complete Fiscal Or- 
ganization — Fuller, Syndic. 

§ 105. On July 20th, 1839, Guerrero, Justice of the Peace, asked 
the Prefect to appoint a Sindico Procurador for San Francisco, and 
nominated Juan Fuller for the office. Addenda, No. XLV, page 
63. It will be observed that although Sindico Procuradores were offi- 
cers of Ayuntamientos, (ante, §§ 12, 47, Addenda, No. X, page 19, 
§ 4,) yet the Constitution of 1836 did not supply such officers to the 
Pueblos which were not entitled to have Ayuntamientos. See Ad- 
denda, No. LXIX, page 100. Fuller seems, however, to have been 
appointed Syndic, for in the Addenda, No. LIV, page 75, etc., we find 
the " Account made out by Don Juan Fuller as Sindico of the Munici- 
pality of San Francisco," extending from August, 1839, to January 
10th, 1842. This document is curious and important, showing the 
receipt of moneys from all the ordinary sources of municipal revenue, 
and from the sale of solares, in addition. The office of Syndic con- 
tinued to exist down to the last year of the Mexican dominion, for on 
February 7th, 1846, we find Francisco Guerrero, Sub-Prefect, dating 
from Yerba Buena, invoking "the Judge of First Instance of the 
" Pueblo of San Francisco to follow Don Pedro Sherreback, the 
" defaulting Syndic, to attach his p'roperty, imprison him, or send him 
" to the public works, in case he refuses to present his accounts, produce 
" his vouchers, and make payment." Addenda, No. LXV, page 95. 

A. D. 1842. OCTOBER 31. 

Census of San Francisco in 1842. 

§ 106. We have in the Addenda, No. LV, page 78, etc., a full cen- 
sus of all the inhabitants in the jurisdiction of San Francisco, for the 
year 1842. This word "jurisdiction," of course, signifies the "judicial 
jurisdiction" extending far beyond the Pueblo, as before noticed, ante 
§ 9, 1[ 2d. We here find that all the inhabitants, of both sexes, men, 
women and children, amounted to only 196. We can recognize at 
least 18 families of married persons with children. The whole num- 
ber of Indians in the population was 37 : all of these were neophytes, 
or Mission Indians, except one boy, Carlos, who seems to have been 
an unconverted Indian, from Sacramento ; and all of these Indians, 
both neophyte and pagan, were domestic servants, except three, who 
are classed as "laborers." How well this justifies De Mofras, who 
estimated the number of neophytes at Dolores in 1842 at 50, (Add- 



72 CONDITION OF THE MISSIONS, A. D. 1842. 

enda, No. LXVII, page 97) ; and how completely fades away the 
phantasm of a political and ywem-corporate Indian Pueblo, composed 
of three Indian laborers and thirty-four Indian domestics ! Where are 
the Indian Alcaldes and Indian Councilmen spoken of in § 17 of this 
argument ? 

Condition of the Missions at that Time. 

§ 107. But already, even as early as the year 1842, before the 
termination of De Mofras' visit to California, the pillage and ruin of 
the Missions was almost entirely completed. That accurate and intel- 
ligent observer has given the fullest details of the results to which eight 
years of civil " administration " had brought the Missions of Cali- 
fornia. As a general fact, the cattle had been given away, stolen and 
slaughtered ; the Mission buildings appropriated or suffered to fall into 
ruin; the Indians dispersed; the vineyards and orchards suffered to 
grow wild ; and in some cases the vines were uprooted and taken away. 
Of the twenty-one Missions, the following were in that year (1842) 
reported to be in a fair condition, having some valuable live stock 
remaining, Indians still under instruction and performing labor, and 
the Mission establishment in operation: Santa Barbara, 1 De Mofras, 
371 ; San Gabriel, lb., 351 ; Santa Inez, lb., 377 ; San Antonio, lb., 
387 ; Santa Clara, lb., 416 ; San Jose, lb., 418. Those nearly ruined 
were San Fernando, lb., 360 ; San Diego, lb., 338 ; San Luis Rey, 
lb., 342; San Buenaventura, lb., 365; La Purisima, lb., 376 ; San 
Luis Obispo, lb., 378 ; and San Miguel, lb., 383. Those that were 
entirely ruined, were San Juan Capistrano. lb., 348 ; La Soledad, lb., 
390 ; El Carmelo, lb., 391 ; San Juan Bautista, lb., 407 ; Santa Cruz, 
lb., 410; Dolores de San Francisco, lb., 424; San Rafael, lb., 
444 ; San Francisco Solano, lb., 446. The results in comparative 
figures (round numbers,) is thus stated: 

In 1834, when the Missions went into civil "administration," the 
Missions had thirty thousand Indian neophytes sustained and instructed 
by them, living at the Mission establishments: in 1842, four thousand. 

In 1834, the Missions had four hundred and twenty thousand horned 
cattle ; in 1842, twenty-eight thousand. 

In 1834, sixty thousand horses; in 1842, four thousand. 

In 1834, three hundred and twenty thousand sheep, goats and swine ; 
in 1842, thirty thousand. 

In 1834, they produced one hundred and twenty thousand bushels of 
wheat, maize, etc.; in 1842, seven thousand. In a tabular form the 
result is thus presented : 

Religious Administration. Civil Administrations. 

1834. 1842. 

Indians 30,000 4,000 

Horned Cattle 400,000 28,000 

Horses and Mules 62,000 3,000 

Sheep, etc 321,000 31,000 

Grain 122,000 7,000 

The table from De Mofras, Vol. I, p. 320, printed in the Addenda, 
No. LXVII, gives these data more specifically, except that the crops 
of grains for 1842 are not there given, but the amount 7,000 bushels 



a. d. 1843. 73 

(4,000 hectares,) is given by him at page 421 of the same volume. 
The grain crops are measured by the Spanish fanega, which is rather 
vVmore than the English bushel, but may be rendered by it for general 
purposes. 

A. D. 1843. MARCH 29. 

An attempt made to Restore the Missions. 

§ 108. In ±84$ Micheltorena, who came from Mexico with an 
army as a counter revolutionary Governor, 1 De Mofras, 311, 312— 
17, and replaced Alvarado as Governor, among other reactionary 
measures conceived or accepted the scheme of restoring the Mission- 
ary system. In his proclamation of March 29th, 1843, he recites : 
" that the pious and charitable institutions of social order for the con- 
u version of the savages to Catholicism and to an agricultural and 
" peaceful life, are reduced to the gardens and inclosures of the churches 
" and buildings. # # That the Indians, who are naturally lazy, now, 
" from additional labor and scarcity of nourishment, being in a state of 
" nudity, having no fixed employment or appointed Mission, prefer to 
" keep out of the way, and die impenitent in desert woods, in order to 
" escape a life of slavery, filled with all privations, and destitute of 
" social enjoyment. * * That there is no other method of reani- 
" mating the skeleton of a giant like the remains of the ancient Mis- 
" sions except to fall back upon experience, and to fortify it with the 
" appliances of Civil and Ecclesiastical power." He then directs that 
twelve of the Missions, which he names, shall be restored to the 
Missionary Franciscan Monks, to be governed by them in the same 
manner as before, they taking charge of the natives. Addenda, 
No. LVI, page 83. The Mission of Dolores was not among the 
Missions thus restored ; but the Government pledges itself in regard to 
the lands formerly appurtenant to the Missions "to make no new 
" grants without the information of the respective authorities of the 
" most Reverend Fathers, notorious non-occupation, non-cultivation, or 
" necessity." See Micheltorena's Proclamation, 1 Rockwell, 469 ; 
Halleck's Report, App. No. 19 ; Jones's Report, page 71 ; Addenda, 
No. LVI, page 83. This therefore interrupted further grants being 
made from the lands adjacent to or occupied by the Missions, until it 
should be definitely ascertained by official acts of great formality, that 
such lands would not be needed by those establishments, either as Mis- 
sions, or as possible future Indian Pueblos. 

A. D. 1843. JUNE. 

Mexican Constitution of 1843. 

§ 109. A new Constitution was adopted this year, on June 12th, 
and promulgated on June 13th. It does not seem to contain any pro- 
visions bearing upon the present discussion. The title of the Depart- 
mental Junta was changed to that of Asamblea — Assembly. See 
"Bases de organizacion politica de la Republica," published in the 
"Decretos del Gobierno provisional for 1842," July 1842 to June 
1843, Title VII, § 131, at page 466. 



74 SAN FRANCISCO AND YERBA BUENA THE SAME PUEBLO. 

A. D. 1843. NOVEMBER. 

Alcaldes ordered to be Elected for the Pueblo of San 

Francisco. 

§ 110. On November 14, 1843, Governor Micheltorena, by procla- 
mation, directed Ayuntamientos to be elected in Monterey and Los 
Angeles. Exhibit 11, annexed to Vallejo's deposition, Addenda No. 
LVII, page 84, Art. 1st ; directing, also, that in the Pueblos of San 
Diego, Santa Barbara, San Juan, Villa de Branciforte, San Jose, San 
Francisco and Sonoma, elections should be held to appoint two Alcal- 
des of first and second nomination, Id. Article 2 ; that said first Alcaldes 
should perform the duties of Judges of First Instance, and take charge 
of the prefectures of the respective districts, Id. Article 4 ; that the 
newly elected officers should go into office on the first day of January 
next ensuing, and " receive from those going out an exact inventory of 
" all the espedientes, books, and whatever there may be belonging to 
" the said corporations — un inventario exacto de todos los espedientes, 
" libros y cuanto halla pertineciente a dichas Corporaciones." Id. Arti- 
cle 5. Accordingly we find oficios addressed to the Alcalde of San 
Francisco by the government, dated July 7th, 1844, March 7th, 1844, 
January 20th, 1844, March 5th, 1845, and the Act of election of Pa- 
dilla as First Alcalde on December 22d, 1844, Exhibits No. 12, 13, 
14, 15, and 16, annexed to Vallejo's deposition. See Addenda, Nos. 
LVIII, LIX, LXI. 

A. D. 1844. 

San Francisco, the Port of San Francisco, and Yerba Buena 
were all the same. 

§ 111. This appears from two documents in evidence in the case. 
See Addenda, Nos. LVIII and LIX, pages 85, 86, where the same 
officer is described as " First Alcalde of the Port of San Francisco," 
" Alcalde of San Francisco," and " Alcalde of first nomination of Yerba 
Buena." This, however, only confirms what appears so often else- 
where. See §§ 102, 120, etc. 

A. D. 1844. APRIL. 

De Haro's Espediente for the Potrero Nuevo. Governor 
Micheltorena's Partial Restoration of the Missions 
in 1843. 

§ 112. The espediente of Francisco De Haro for the Potrero of 
San Francisco, is found duplicate among the documentary testimony in 
this cause. See Exhibit Hopkins, No 11 and V; Addenda, No. 
LX, page 86. This espediente shows that this Potrero (cattle enclo- 
sure) was formerly used by the Ex-Mission of San Francisco de Asis. 
It included that portion represented on the accompagnying map as 
lying between the Mission, the Mission Bay, and the " wall," the wall 
designated being a part of the enclosure of the Potrero. Jimeno, the 
Secretary of the Government, over date of April 29th, 1844, reports, 



MAPS OF YERBA BUENA OFFICIALLY APPROVED. 75 

that " the Mission of San Francisco has no longer any cattle, and con- 
" sequently the Potrero petitioned for is lying unoccupied ; * * and 
" inasmuch as the common lands (ejidos) of the said establishment 
" are to be assigned to it, (debe sefialarsele sus ejidos)" — he recom- 
mends that the petitioner be allowed to occupy the lands provisionally. 
A provisional licence was accordingly issued, " subject to the measure- 
" ment which may be made of the ejidos of the Establishment of San 
" Francisco ; (sugetandose a la medicion que se haya de los ejidos del 
" Establiento de San Franco." There is little in this espediente which 
is pertinent to the present case, except the patent fact that the executive 
officers of the Departmental Government were exceedingly anxious 
not to prejudge against the possibility of an Indian Pueblo being 
erected out of the ruins of this Mission, which, indeed, they had no 
power to do, and therefore refused to grant away in absolute proprie- 
torship the Potrero formerly enclosed and used by it, until the future 
fate of the Mission should have been decided by an inquest of office. 
It will be remembered that Micheltorena, the Governor who made this 
provisional grant, had early conceived the project of restoring the 
Missionary system, and placing the Missions again in the hands of the 
Franciscans. See ante § 108, Addenda, No. LVI, page 83. But, 
although this step did not revivify the Missions, nor even retard their 
final ruin, still it contained a pledge that 'from the lands occupied 
by the Missions, the Government would " make no new grants without 
" the information of the respective authorities of the most Reverend 
" Ministers, notorious non-occupation, non-cultivation, or necessity." 
Addenda, No. LVI, page 84, § 5. This Potrero, enclosed by the 
Mission, which might again need it if it recovered its prosperity, and 
would probably require it for its ejidos if it was erected into an Indian 
Pueblo, could not therefore be granted by the Government until the 
ruin of the Mission was established officially, and therefore beyond all 
hope. These were the reasons assigned by the Governor for refusing 
the grant, and issuing only a provisional licence to occupy. Addenda, 
No. LX, pages, 86, 87. 

Maps of Yerba Btjena approved by the Governor. 

§ 113. It appears by the testimony of Richardson and others that 
two or more maps were made of the settlement of Yerba Buena, and 
approved by the Governor. These maps are the nucleus upon which 
the existing plat or survey of the present city has been adjusted. 
They are of little or no value to the present argument. In any event 
they would tend to show only what is indisputable, that the Ayunta- 
mento of San Francisco had the power to make grants of lands, and 
that therefore there was a political ^cm-corporate Pueblo of San 
Francisco to which such lands belonged. See §§ 83, 84 of this argu- 
ment. These maps show only that the Governor continued to recognize 
the Pueblo of San Francisco, as having an organized political and 
corporate or ^wem-corporate existence. 



76 THE MISSION OF DOLORES PETITIONS FOR THE 

A. D. 1844. APRIL. 

The Inhabitants of the Mission of Dolores [of San Fran- 
cisco] COMPLAIN THAT THEIR SETTLEMENT HAS NEVER BEEN 
RECOGNIZED AS A PUEBLO, AND ASK THE GOVERNOR TO EX- 
TINGUISH the Name of Mission and declare it a Pueblo 
for the Future. The Governor declines to act. 

§ 114. The inhabitants of the Mission of Dolores of San Fran- 
cisco, " resident in the jurisdiction of San Francisco de Asis and 
established in the Ex-Mission of that name," on the 8th day of April, 
1844, petition the Governor, stating that that Mission had never yet 
been recognized as a Pueblo ; that it ought to have that title ; and 
praying that it may be recognized as a Pueblo in future. They 
recognize the fact that Indians are still living there in community, 
(see ante § 17, J with a mayordomo, or official administrator, and thus it 
appears that the Mission had not as yet been secularized. The Secretary 
of State reports that the request cannot be granted until the debts of 
the Mission are paid — it was, then, still a Mission — and the Governor 
defers all further action on the petition. See Addenda, No. LXXI, 
page 102. This one document effectually establishes the fact, that 
the Mission of Dolores was not that " Pueblo of San Francisco," 
which was established in 1835, ante § 74, and which was so often 
recognized by the Governor and Departmental Legislature. See §§ 
77, 78, 82, 83, 87, etc. 

A. D. 1845. MAY AND OCTOBER. 

The Government officially extinguish the Mission of 
Dolores and offer it for Sale, but do not erect it 
into a Pueblo. 

§ 115. I have already presented my views of the objects contem- 
plated in the foundation of the Mission, ante, § 26. The official maps 
of the United States show that the Mission of Dolores existed within 
the limits of the four leagues claimed by the City of San Francisco. 
See map prefixed, and Langley's map. But it is well established that 
this Mission had no rights in land. The so-called lands of all the 
Missions were all subject to colonization. See § 26 of this argument. 
They were exempted from colonization "for the present" by the regu- 
lations of colonization of Nov. 21, 1828, 1 Rockwell, 453 ; Addenda, 
No. XIV, page 26, § 17 ; but it is notorious that that restriction was 
almost immediately removed, for most of the Mission lands were soon 
afterwards granted to various persons. The Missions had no landed 
property. " The church edifices, cemeteries, and priests' houses, 
" with the curtilages and appurtenances at the several missions, and 
"the gardens and vineyards, at or near the same, planted and 
"reared by the care and labor of the priests and neophytes, belonged 
" to the Catholic church to which they were dedicated from the begin- 
ning." See Opinion of Commissioner Felch, in the case of Joseph 
Alemany, Bishop of California, vs. The United States, claiming the 



TITLE OF " PUEBLO " WHICH IS NOT GRANTED, A. D. 1844. 77 

Mission churches, cemeteries, orchards and vineyards. The lands 
commonly treated as belonging to the Mission of Dolores, but really 
belonging to the Pueblo of San Francisco, were, therefore, at most 
only subject to an usufruct by the Indians of the Mission, and when 
that usufruct determined by the dissolution of the Mission establish- 
ment, the rights of the Pueblo became emancipated and complete. 
Perhaps, as was contemplated by the Plan of Pitic, the Indians and 
pobladores were to enjoy these lands in common. See Addenda, No. 
VII, page 12, §§ 6, 7. But even conceding that the lands were subject 
to a servitude, there can be no doubt that when that servitude ceased, 
the lands became free. The evidence is conclusive that all hopes of 
converting the Mission of Dolores into an Indian Pueblo had been 
abandoned for many years before its final dissolution. The Mission had 
never been a prosperous one. It was founded in the midst of barren sur- 
roundings, in a climate which was severe to the Indians (1 De Mofras, 
424, 444), and still more rigorous to the natives of Mexico and Spain. 
1 De Mofras, 274. But it was necessary that a Mission should be 
founded within the protection of the Presidio of San Francisco, and so 
the Mission of Dolores was founded on the only unappropriated spot 
within many miles where there was a perennial stream of fresh water ; 
the issue of Lobos Creek being within the curtilage of the Fort. See 
map of the Coast Survey; Mitchell vs. The United States, 15 Peters, 
52 ; 9 do. 711. The north-west winds were always severe ; the farm- 
ing lands of the Mission small in extent and not propitious to cultiva- 
vation ; the sowings were made at San Pablo, on the other side of the 
Bay (1 De Mofras, 424, 425 ; and at San Mateo, De Haro's espediente 
for Rancho San Pedro, Addenda, No. XXXI, page 48), and they 
were compelled to use the Mission of San Rafael as a hospital for their 
Indians, who could not endure the climate of San Francisco. 1 De 
Mofras, 444. Their cattle, while they had any, were pastured at San 
Pedro beyond the mountains. Wm. Carey Jones' Report, 115 ; De 
Haro's espediente ut supra. In 1815 there was an Indian population 
of 1,115 at the Mission, and in 1830 a population of 219, (see Ad- 
denda, No. LXXVI, page 110, but in 1834, at the culminating period 
of the prosperity of the missions, the Mission of Dolores had not 
exceeding 500 Indians, while San Luis Rey had 3,500, San Gabriel 
2,700, San Jose 2,300, Santa Clara 1,800, and even San Rafael, found- 
ed in 1817, had 1,250, and San Francisco Solano (Sonoma) founded 
in 1823, had 1,300. 1 De Mofras, 320; Addenda, No. LXVIII, 
page 97. 

§ 116. The gradual, but complete extinction of this feeble exist- 
ence of the Mission of Dolores is perfectly demonstrated by a few 
patent facts. The padron (return) of the Mission, made in 1830, the 
last that appears ever to have been made, shows only 219 neophytes. 
See Addenda, No. XXVI, page 110. The padron of San Francisco 
made by Guerrero, in 1842, in which the Indians are confounded with 
the mass of the population existing throughout the whole termino of 
San Francisco, including Yerba Buena, shows only 36 neophytes. 



78 THE MISSION OF DOLORES IS OFFICIALLY 

Addenda, No. LV, page 78. Deposition of H. F. Teschemacher in 
the case. The Ranchos of San Pablo and San Pedro, where the In- 
dians sowed their crops, and pastured their cattle, were granted to the 
Castros and to De Haro respectively in 1835 and 1836. 1 De Mofras, 
425. See the Espedientes in the Archives, Nos. 3 and 18, Also the 
same numbers in the list in Jones' Report, Senate Doc. Vol. 3, Doc. 
18, p. 95, 1850-1851. De Mofras writes in 1842: " The inhabitants 
" have pillaged everything ; at present there remain scarcely 60 cattle, 
" 50 horses and 100 sheep. Some Indians inhabit a few ruined hovels 
" (quelques masures) around the Mission, or cultivate some small 
" patches of good soil sheltered from the wind. * # # The Mission 
"buildings are large, but dilapidated; there is no missionary." Vol. 1, 
page 424. The Exploring Expedition of Com. Wilkes visited the 
Mission of Dolores twice in 1841, but he gives it no further notice than 
to misname it the Mission of " Nostra Senora de Dolores," showing 
that it had ceased to attract notice as an existing establishment. Ex- 
ploring Expedition, Vol. V, 249. Jimeno, Secretary of State, in his 
report on the Espediente of De Haro for the Protrero of San Fran- 
cisco, Addenda, No. LX, page 86, April 29th, 1844, states that 
" the Mission of San Francisco has no longer any cattle." And it is 
not unimportant to note that it is the word " bienes, property," which 
is translated " cattle." 

§ 117. These facts sufficiently show the de facto expiration of 
the Mission of Dolores; but happily we are furnished an authentic 
record of an inquest of office by which the extinction of the Mission 
was declared in all legal form. By a decree of May 28th, 1845, the 
the Departmental Junta enacted as follows : 

" Article I. The Departmental Government shall call together the 
"neophytes^ of the Missions of San Rafael, Dolores, Solidad, San 
" Miguel, and La Purisima which are abandoned by them, by means of 
" a proclamation which it will publish, allowing them the term of one 
" month from the day of its publication in their respective missions, or 
" in those nearest to them, for them to re-unite for the purpose of culti- 
" vating them ; and they are informed that if they fail to do so, they 
"will be declared to be without owners (mostrencas), and the Assem- 
" bly and Departmental Government will dispose of them as may best 
"suit the general good of the Department." 1 Rockwell, 471, Hal- 
leck's Rep. Ap. 20 ; Jones' Rep. 72 ; Addenda, No. LXII, page 88. 
Here is a legislative declaration that the Mission of Dolores is aban- 
doned by its neophytes ; here is a law day given to them to come in 
and redeem a forfeiture ; here is a forfeiture specifically and officially 
pronounced in case of non-redemption. The second article of this 
enactment decrees : " The Carmelo, San Juan Baptista, San Juan 
" Capistrana, and San Francisco Solano, shall be considered as Pueb- 
" los, which is the character they have at present." Addenda, No. 

* " Los neqfitos " in the original, and not Indian as generally translated, neqfito being 
a christianized Indian belonging to the Mission. 



a. d. 1845. 79 

LXII, page 89, Art. 2. This is a most pregnant declaration. Four 
Missions are excepted from the operations of the law which denounced 
a forfeiture against other Missions, because these four had become 
Pueblos. But there is not a hint that the other Missions had 
become, or could become Pueblos, but on the contrary a declara- 
tion they were abandoned by their neophytes, and a decree that if the 
neophytes did not return, the property of the Missions would be consid- 
ered without owners. This is conclusive on the point that in May, 1845, 
there was no Pueblo at the Mission of Dolores, as we have already 
seen (ante, § 114) that there was not in April of the preceding year. 
The Mission property of course consisted only of the buildings, orchards, 
cemeteries, and stock of the Establishment. Ante, § 26. The Proclama- 
tion required in the first article of the preceding law appears to have 
been made, from the following act of the Departmental Government of 
Oct. 28th, 1845 : "Article I. There will be sold at this capital, to the 
" highest bidder, the Missions of San Rafael, Dolores, Soledad, San 
" Miguel, and La Purisima, which are abandoned by their neophytes. 
"Art. IV. * # * What belongs to San Rafael, Dolores, San Juan 
" Bautista, Carmelo, and San Miguel will be sold on the second, third, 
"and fourth of January next." 1 Rockwell, 472; Halleck's Report, 
Ap. 21 ; Jones' Report, 75 ; Addenda, No. LXIII, page 90. The 
original is, " los dias 2, 3, y 4 del mes de Enero del ano entrante," in- 
stead of " 23d and 24th of January," as commonly translated. This 
then was an official determination by actual inquest of the fact that the 
Mission of Dolores had ceased to exist. A few months afterwards, Mr. 
Edwin Bryant, a very observant and intelligent traveler, who was 
afterwards First Alcalde of San Francisco, visiting the Mission of 
Dolores and passing there the night of Sept 20-21, 1846, could hardly 
find shelter there, and found the main buildings contiguous to the 
church occupied by Mormon families, and " the Indian quarters crum- 
"bling into shapeless heaps of mud." Bryant's California, 320, 321. 
These were not ruins made since the American conquest, for no rain 
had fallen since the preceding spring, and the conquest was made in 
July of that same year. 

Attempt to revive the Mission of Dolores for the pur- 
poses of this suit. 

§ 118. It is out of the grave of this extinct Mission which was 
thus blighted in its conception, almost abortive in its birth, dwarfed in 
its growth, finally dying of inanition, officially declared dead, and 
officially buried, that the United States now attempt to evoke the ghost 
of an Indian Pueblo, not for the purpose of galvanizing it into exist- 
ence, but solely with the object of depriving the city of San Francisco 
of its patrimony. Between the chimera of a Partido on the one side, 
and of a non-existent Indian Pueblo of Dolores on the other, it is expected 
that the property of San Francisco shall be converted into public lands, 
while other Pueblos like Santa Barbara and Monterey shall enjoy 
their four leagues, which have been formally confirmed to them. Even 



80 DIAZ'S ESPEDIENTE FOR THE POINT OF LOBOS. 

the Indian Pueblos of New Mexico have had their four square leagues 
allotted them — and some of them more than this. See Addenda, 
No. LXVIII, page 98. But to San Francisco, illustrious for her 
enterprise and her misfortunes, this common justice has been denied ; 
and now in the twenty-eight year of her distinct political and corporate 
existence she stands, as she has stood for the last eleven years in Court, 
as a humble petitioner for the lands to which she became entitled in the 
year 1835, and her claim is denied by the law-executive of a power- 
ful Government which bound itself to respect the rights of a conquered 
people. It seems that it is only valuable lands which are deemed 
worthy of the dignity of confiscation. 

A. D. 1845. MAY. 

ESPEDIENTE OP BENITO DlAZ FOR THE POINT OF LOBOS. 

§ 119. This espediente was upon a petition for a tract of land 
including the ruined Fort at Fort Point, and the Presidio, at the place 
marked " Diaz " on the accompanying map. [This espediente was 
not concluded before the conquest of California by the Americans, and 
so never became operative." Palmer v. The United States, 24 Howard 
Rep. S. C, U. States, 125. But the, espediente, so far as above set 
forth, is undoubtedly genuine. See report of J. De la Cruz Sanchez, 
Addenda, No. LXIV, page 93. I cite it here to show the tenacity 
with which the tradition of a legal fact retains its place, even among an 
illiterate people who are destitute of law books. The espediente, 
Addenda, No. LXX, page 102, contains the report of Jose De la 
Cruz Sanchez, the judge to whom the petition was in the first instance 
referred, who certifies that he cannot give information respecting the 
place occupied by the military point, because he knows nothing of its 
commons, or ejidos. It thus appears that the rude, illiterate people of 
California knew that there were certain commons attached to the Fort; 
but Sanchez, the " respective Judge " to whom the matter was referred 
by the Governor, Addenda, No. LXX, page 101, who was also 
" Justice of San Francisco," which was the same as " 2d Constitutional 
Justice of Yerba Buena," Addenda, No. LXIV, page 93, had no 
means of determining what were the commons or ejidos of a Hispano- 
Mexican Fort. Those commons were equal to a square of 3,000 
Spanish varas, or yards ; that is, 1,500 varas measured in the direction 
of each cardinal point from the center of the Fort, and squared upon 
this base. Mitchell v. The United States, 15 Peters, 52 ; Same v. 
The Same, 9 Peters, 711. This is, however, to be measured in the 
manner described in § 30 of this argument ; namely : if there were 
obstacles interposed so that the measurement could not be made in the 
form of a square, the required quantity was to be made up by measure- 
ments in other directions. These commons or ejidos of this Fort 
constitute the " Government Reserve " as laid down on the current maps. 
In like manner the tradition of the " Four square leagues of a Pueblo," 
of its ejidos, propios and arbitrios, and of its being an "Illustrious Cor- 
poration " was firmly planted in the popular mind and popular faith. 



NOE'S ESPEDIENTE FOR SAN MIGUEL, A. L\ 1845. 81 

notwithstanding that there were no law books to justify these notions 
or to render them exact. 

A. D. 1845. DECEMBER. 

Noe's Expedients for the Rancho San Miguel. 

§ 120. The expediente of Jose Jesus Noe for a portion of land 
formerly appurtenant to the Ex-Mission of Dolores, Exhibit Hop- 
kins W, Addenda, No. LXIV, page 92, designated "Noe Rancho" 
on the accompanying map, sheds no light on the subject, except that 
it shows that the Ex-Mission of Dolores had become completely 
extinct under the inquest of office made under the law of May 28th, 
1845, Addenda, No. LXII, page 88, Art. 1, as set forth in §§ 115- 
117 of this brief. For the informe does not, as heretefore, §§ 82, 
88, and 102, send the espediente to the administrator of the Establish- 
ment of Dolores, but only to the " Justice and Judge of San Fran- 
cisco." The Judge, in his report, calls himself " Justice of the 2d Con- 
stitutional Court of Yerba Buena," while the Governor in his vista 
styles the same Judge " 2d Alcalde of San Francisco," thus showing 
that Yerba Buena and San Francisco were designations indifferently 
used for the same Pueblo. Noe, the petitioner, lived at Yerba Buena 
in 1842. See Teschmacher's deposition. He was Secretary of the 
Electoral College there in 1844. Exhibit 12 to Vallejo's deposition, 
Addenda, No. XLI, page 88. He was Judge of First Instance 
there in 1845. Exhibit 16 to Vallejo's deposition. Noe, in his depo- 
sition in the case of Bolton v. The United States, in this Court, testi- 
fies that he lived in San Francisco in 1845 and 1846 ; that he was 
Judge of First Instance there in 1846 ; and that during all that time 
he was a frequent visitor at the Mission Dolores. That Dolores was 
in his jurisdiction, but that he could not grant solares there, but only in 
San Francisco.* That his jurisdiction as Judge of First Instance 
extended over a large district, being the jurisdiction contenciosa 
alluded to in Micheltorena's proclamation of Nov. 14, 1853, Art. 4, 
Document No. 11, Vallejo's deposition, Addenda, No. LVII, page 
84. And yet it is gravely insisted that Yerba Buena was a mere 
hamlet near the anchorage, and that the ruined, deserted Indian hovels 
at the Mission Dolores constituted the Pueblo of San Francisco ! 

A. D. 1846. MAY. 

Andrade's Espediente for the Orchard and Tannery of the 
Mission Dolores. 

§ 121, The espediente of Jose Andrade is introduced in evidence 
by the United States. Exhibit Hopkins X. It purports to be an 

* Note. — Building lots had already been granted at the Mission of Dolores, but in 
1843 Governor Micheltorena interdicted further grants at that locality ; see § 108 of this 
argument, and Addenda No. LVI: and after this only one lot appears to have been 
granted at Dolores during the existence of the Mission, namely on Aug. 20, 1843, by 
Sanchez, Justice of the Peace, to Domingo Felis. See Addenda, No. LXXVIII, page 
113. This grant has been rejected by the U. S. Land Commission, and the rejection has 
become final. See 1 Hoffman's Reports, Appendix, page 2, No. 5, and page 7, No. 46. 

6 



82 ANDRADE AND GUERRERO'S ESPEDIENTES, A. D. 1846. 

espediente and grant of the orchard of the Mission of Dolores, bear- 
ing date May 6th, 1846. It contains no informe, map or report ; 
the claim based upon it has been rejected by the Land Commis- 
sion, and the United States are now resisting it in this Court on the 
ground that it is forged and antedated. The same United States now 
introduce it in this case as a genuine grant, evidently for the purpose 
of basing upon it an argument to the effect that if there had been a 
Pueblo of San Francisco entitled to four leagues of land, this orchard 
would have been included within those four leagues, and so the Gover- 
nor would not have granted it to Andrade. But besides the general 
answer to this position, (see §§ 80, 81, of this argument,) there is 
another, namely : that the orchard of the Mission did not belong to the 
Pueblo of San Francisco, but belonged to the Catholic Bishop of 
California, as a sole corporation representing the Catholic Church in 
that behalf, and so was not grantable to any private person, and cer- 
tainly the Pueblo of San Francisco had no interest in it. Larkin vs. 
The United States, 1 Hoffman's Reports, 313; Den vs. Hill, 1 McAllis- 
ter's Rep. 485. See also Judge Felch's decision in the case of Alemany, 
Bishop of California vs. The United States, Claim for the Mission 
Churches, Cemeteries and Orchards, confirming to the Bishop, among 
other property, this very orchard. If the grant be genuine, then it 
shows only that the establishment of Dolores had fallen so completely 
into decay and non-existence that its very orchard was granted away, 
so far as the Governor had the power to grant it. If, on the other 
hand, the grant be a forgery, it has no possible bearing upon the pres- 
ent case. 

A. D. 1846. MAY. 

Guerrero and Fitch's Espediente for the Mountain Lake 
and Lobos Creek Tract. 

§ 122. The last espediente to which attention is called, is that 
numbered 578 in Jones's list, and which, although not concluded 
before the American conquest, is undoubtedly genuine, and is contained 
in Exhibit Hopkins, No. 8, Addenda, No. LXVI, page 95. It is 
that of Henry Fitch and Francisco Guerrero for a piece of land em- 
bracing an arroyo (water-course) suitable for a mill which they pro- 
posed to erect, and may be described generally as that tract of land 
west of the settlement at Yerba Buena, and lying along the sea-shore 
between the Laguna de Merced (see § 82,) and the Presidio, and em- 
bracing the Laguna called Mountain Lake and the stream of water 
now commonly called Lobos Creek. The petition is dated at Yerba 
Buena, May 13th, 1846. It is approved by " Jose de Jesus Noe, Just- 
" ice of the Peace of the Jurisdiction of Yerba Buena " on the same 
day. The petitioners " solicit the favor they ask without prejudice to 
" the ejidos of the settlement of Yerba Buena although they have not 
" yet been designated : dejando en salvo hasta los ejidos de la poblacion 
" de Yerba Buena aunque no estan nombrados." Guerrero, it has 
already been seen, had been Sub-Prefect and Justice of the Peace, 
Addenda, No. XLIII, page 62, No. LXV, page 95, and yet we find 



BOUNDARIES OF PUEBLO LANDS PRECISELY FIXED. 83 

him in the month of May, 1846, and within less than two months 
before the conquest by the United States, thus asserting, as against his 
own wishes, the rights of the Pueblo of San Francisco to its ejidos, 
its commons or vacant suburbs. This closes the record on that point. 

The preceding grants of Farming Lands effectually de- 
fined THE LIMITS OF THE PUEBLO LANDS. 

§ 123. I have now discussed all the espedientes of grants of farming 
lands actually made within or near the limits of the four square leagues 
of land belonging to the Pueblo of San Francisco, namely : the grant 
of the Buri-Buri rancho to the Sanchez, § 86, of this argument; of the 
Laguna de la Merced to Galindo, § 82 ; of San Pedro to De Haro, § 88 ; 
of La Visitacion to Leese, § 97 ; of Las Salinas to Bernal, § 102 ; and 
of San Miguel to Noe, § 120. If we now look at the annexed map, 
bearing in mind that the peninsula of San Francisco is less than six 
miles in average breadth until we reach the Buri-Buri, and compare 
this map with any of the official maps of the United States, or more 
conveniently with Langley's sectionized map prefixed to the San Fran- 
cisco Directory, as stated in § 30 of this argument, it will be found 
that the lands belonging to the Pueblo of San Francisco and not in- 
cluded in those grants, all lie northward of those grants, and include a 
less area than four square leagues ; but if we reject the vast sandy 
and other wastes which occupy so many square miles of this area, as 
the Spanish law rejects them from the computed measurement, while 
they are •still included within the boundaries of the grant (see § 30 
of this argument) and also reject the large tract included in the ejidos 
or Government Reservation of the Presidio (§119 of this argument; see 
Langley's map, ut supra), we shall find the patrimony of San Francisco 
dwindling down to about one square league of land. But taking this 
area at its actual superficial measurement, and we find all the Pueblo 
lands not granted to the Sanchez, Galindo, De Haro, Leese, Bernal 
and Noe, as just mentioned, lie north of those grants, and that the 
northern lines of those grants, extending from the Pacific to the Bay, 
together with the water-lines of the Ocean, the straits and the Bay, 
include a less area than four square leagues. I have before said 
(§§ 30 and 39 of this argument) that as San Francisco was situated on 
a peninsula, and the Pueblo lying at the upper end of it, the meas- 
urement must necessarily be made between the tide-water limits and 
extending towards the south. Again, in § 39, I remarked that if the 
Pueblo were situated on an island containing exactly four leagues 
or less, then there could be no necessity for any measurement at all, 
for the whole of it must belong to the Pueblo. Now the late Mexican 
Government itself segregated the Pueblo lands from the public do- 
main, by granting so much of the adjoining public lands and of the 
Pueblo lands themselves, that less than the patrimonial four leagues 
were left to the Pueblo. The surrounding natural limits of the tide 
waters on the west, north and east have been united by a mathemati- 
cal line defining land-grants of the Mexican Government, the whole con- 



84 GENERAL RESULTS OF THE MISSIONS. 

taining less than four leagues. And since then the American Govern- 
ment has traced its lines of survey over the whole tract, so that a child 
can see upon the map that there is less than four leagues left of the 
Pueblo lands, Id certiim est quod certum reddi potest. When a fact 
is patent, what need of demonstration ? 

Review of the General Results of the Mission Scheme. 

§ 124. Before dismissing this subject, and passing on to the great 
fact of the conquest of California by the Americans, it may not be 
inappropriate to a discussion which has assumed a synthetic, and 
therefore a popular form, — as it certainly will be refreshing by way of 
diversion, — to contemplate for a moment the results which the pious 
kings of Spain and the devoted missionaries had attained under their 
plans of missionary colonization. Looking from a merely philosophi- 
cal stand-point, let us contemplate for a moment the actual results at- 
tained by the Catholic church militant. We have already seen the 
wonderful material success which crowned their efforts ; § 59 of this 
argument. But it has been a popular theme among travellers and 
even foreign residents, to depreciate the results attained in point of 
civilization and of religious instruction ; and of these critics Capt. 
Beechy of the Royal Navy, and Alexander Forbes, who published a 
work on California in 1839, are the most prominent. It was some- 
thing, surely, that over 30,000 wild, barbarous and naked Indians had 
been brought in from their savage haunts, persuaded to wear clothes, 
accustomed to a regular life, inured to such light labor as they could 
endure, taught to read and write, instructed in music, accustomed to 
the service of the church, partaking of its sacraments, and indoctrinated 
in the Christian Religion. And this system had become self-sustain- 
ing under the mildest and gentlest of tutilage : for the Franciscan 
monks who superintended these establishments, most of whom were 
from Spain, and many of whom were highly cultivated men — soldiers, 
engineers, artists, lawyers and physicians, before they became Fran- 
ciscans, always treated the neophyte Indians with the most paternal 
kindness, and did not scorn to' labor with them in the field, the brickyard, 
the forge, and the mill. 1 De Mofras, 263, 273, 353. When we view 
the vast constructions of the Mission buildings, including the churches, 
the refectories, the dormitories, the workshops, the granaries, and the ran- 
cherias, sometimes constructed with huge timbers brought many miles on 
the shoulders of the Indians, and look at the beautiful stone sculptures 
and ribbed stone arches of the church of the Carmelo, we cannot deny 
that the Franciscan missionary monks had the wisdom, sagacity, and 
patience to bring their neophyte pupils far forward on the road from 
barbarism to civilization, and that these Indians were not destitute of 
taste and capacity. But it is said that the Indians did not " understand 
the mysteries of religion ?" It is not denied that they received them 
as children receive them, with full and undoubting faith, and this mode 
of reception has been given by the author of that faith as the highest 
test of its purity and completeness. But who does comprehend the 



EFFECT OF THE RUIN OF THE MISSIONS. 85 

" mysteries of religion ?" Would they not cease to be mysteries the 
moment they were comprehended ? Does not " the untutored mind " 
of the "poor Indian" comprehend them as well as the highest capacity 
of the most enlightened intellect ? It is enough that the Franciscan 
monks succeeded in all that they undertook to accomplish. It matters 
not that the Spanish theory of the available capacity of the Americo- 
Indian races for final self-government and independent citizenship was 
a false one ; after having shown that these people could be christianized 
and civilized by the attraction of kindness, and the imposition of sys- 
tematic, regular, and easy tasks while in a state of pupilage, the de- 
struction of the Missions of California seems to have demonstrated the 
converse proposition that these are the only conditions of the proximate 
christianization of these races. 

Effect of the Ruin of the Missions. General Demoral- 
ization and Ruin. Indian Depredations. Mexico-Cali- 
fornian Vigilance Committees. 

§ 125. But the result of the good effected by the Missions can also 
be determined by contemplating the effects produced by their downfall. 
The Franciscan Monks were generally driven out, but the parish 
Priests did not arrive, so that the neophytes were generally left with- 
out teachers or protectors, and the services of the church for the most 
part ceased. 1 De Mofras, 273. The Mayor-Domos, appointed to take 
charge of the Missions, were often brutal and illiterate persons, — some- 
times those who had been menial servants, so that frequently the mis- 
sionary was at the mercy of one of his former herdsmen. lb. 342, 388. 
The few missionaries who remained were insulted, thwarted, stinted in 
their allowance, and, in some instances, died of starvation while minis- 
tering at the altar. lb. 303, 380, 390, 421. Meanwhile, the blight 
of demoralization fell upon the authors of this ruin, if we can believe 
the account of judicious travellers and observers. "At the same time 
"with a change of rulers, the country was deprived of the religious 
" establishments upon which its society and good order were founded. 
" Anarchy and confusion began to reign, and the want of authority was 
" everywhere felt ; some of the Missions were deserted, the property 
" which had been amassed in them was dissipated, and the Indians 
" turned out to seek their native w r ilds." Wilkes' Exploring Expedi- 
tion, vol. V., page 162. "This act (Alvarado's regulations of secular- 
ization), brought about the ruin of the Missions, and the property that 
" was still left became a prey to the rapacity of the Governor, the needy 
" officers, and the administrador, who have well nigh consumed all." — 
lb. 1 68. " The administradors have made themselves and those by 
" whom they were appointed, rich upon the spoils of these Missions." — 
lb. 173; Bryant's California, p. 444. " Nothing can be in a worse 
" state than the lower offices, such as the alcaldes, etc. They are now 
" held by ignorant men, who have no ideas of justice, which is generally 
" administered according to the alcalde's individual notions, as his feel- 
" ings may be enlisted, or the standing of the parties. To recover a 



86 GENERAL DEMORALIZATION — INDIAN DEPREDATIONS. 



" debt by legal means, is considered as beyond possibility, and creditors 
"must wait until the debtor is disposed to pay. Until lately the 
" word of a Californian was sufficient to insure the payment of claims 
" upon him, but such has been the moral degradation which has fallen 
" upon the people since the Missions have been robbed by the author- 
" ities, and the old priests driven out, that no reliance can now be placed 
" upon their promises, and all those who have lately trusted them com- 
" plain that engagements are not regarded, and that it is next to impos- 
" sible for any one to obtain any returns for goods that have been 
"delivered." — Wilkes' Exploring Expedition, V., page 161. "Unfor- 
" tunately, a great number of circumstances have latterly contributed 
" to corrupt the Californians ; contact with strangers, introducing among 
" them habits of luxury, has multiplied their necessities, and excited 
" them to the pillage of the Missions ; the disorganization of the Span- 
" ish military system has rendered them less brave, and their natural 
u proclivity for gambling and drunkenness has increased to such a point, 
" that hardly a Californian is to be found who has not a bottle of brandy 
" in his saddle-bags, with his fire-arms. They have a proverb : " Weap- 
" ons for your enemy, and a bottle for your friend." — 2 De Mofras, 22. 
" They are excessively indolent and learn no trades." — Wilkes, Vol. V. 
176. " Unfortunately, also, the inhabitants do not profit wisely by the spoils 
" of the Missions. The most of them, instead of preserving the cattle, kill 
" them in order to sell their hides and tallow to trading ships ; the soil 
" rests untilled, for hardly any one but the Indians cultivate it." — 1 De 
Mofras, 321. "Agriculture, and the rearing of cattle, form the princi- 
" pal wealth of California ; but these sources of prosperity are dimin- 
" ishing every day, on account of the revolutionary condition of the 
" country, and the dispersion of the Indians of the Missions." — lb. 469. 
" The Indians told me of the outrages they endured from the whites, 
" who deprived them of the few cattle which had been given to them, 
"and pastured their own flocks upon the small patches of ground 
" which had been assigned to the neophytes for cultivation. ' You see,' 
" said they, ' how miserable we are ; the Fathers can no longer protect 
" us, and the civil authorities themselves pillage us. Is it not pitiable 
" to see them tear from us those Missions which we have built, those 
" immense herds gathered by our care, and to be ourselves and our 
" families, exposed to the worst of treatment ? Shall we then be guilty 
" if we defend ourselves, and if, when we return to our tribes in the 
" Tulares, we take all the cattle that follow us ?' "—lb. 345. This 
plan of specific vengeance was soon put into execution. The neo- 
phytes, outraged in every form, generally returned to their native tribes 
among the Tulares, a vast valley at the head of the river San Joaquin.* 
Hardly a night passed in which a raid did not take place from these 
Indians, who, knowing the country intimately, speaking both Spanish 

* Note. — The natives when first seen by Father Junipero were naked, and knew 
nothing of clothes. Vida de Junipero Serra, Chap. XLIV. When a neophyte deserted 
a Mission and went back to his native tribe, he signified his apostacy by taking off and 
throwing away his shirt, and so returned to his people in the same nude condition in 
which he left them. 



MEXICO-CALIFORNIAN VIGILANCE COMMITTEES. 87 

and their own native dialect, and being expert horsemen, descended 
upon the Missions and settlements, sweeping off herds of horses and 
cattle, and sometimes carrying into captivity the wives and daughters 
of the whites. These latter often retaliated by excursions into the 
Indian country, in which whole villages were devoted to slaughter, 
rapine and burning, by the wild and indiscriminate fury of revenge. — 
1 De Mofras, 347, 414; Wilkes' Exploring Expedition, Vol. V., 173, 
174. One of the last acts of the Departmental Assembly of Califor- 
nia in 1846, was, on April 29th, to receive a memorial from the inhab- 
itants of San Jose complaining that their -lives and property were in 
jeopardy from the attacks of the savages, and to provide ways and 
means for a campaign against the Indians. California Archives, Legis- 
lative Records, Vol. IV p. 672. To crown these calamities, Governor 
Micheltorena, who had come up from Mexico as a counter-revolution- 
ary governor, had brought with him an army of three hundred soldiers, 
which army was formed by taking that number of convicts from the 
prisons of Mexico. 1 De Mofras, 311, 312. See Santa Anna's order 
for this enlistment, El Observador Judicial y de Legislacion, a. d. 1842, 
Vol. I p. 372. A large number of these convict soldiers were left in 
California, from desertion and other causes, and began to commit acts 
of rape, rapine, robbery, mutilation and murder, upon the inhabitants, 
who often organized parties of horsemen, hunted these outlaws with 
lassos, and put them to death like wild beasts. Vigilance Committees 
in California are therefore a tradition of the Mexico-Californian regime 
— a scion grafted on a more vigorous stock. But even this did not 
avert the ruin of the Province, which resulted from the destruction of 
the Missions, and this was the deplorable condition of California on 
the eve of its conquest by the Americans. If we ask, where are now 
the 30,000 christianized Indians who once enjoyed the beneficence and 
created the wealth of the twenty-one Catholic Missions of California, 
and then contemplate the most wretched of all want of systems which 
has succeeded them under our own Government, we shall not withhold 
our admiration from those good and devoted men who with such wisdom, 
sagacity, and self-sacrifice, reared these wonderful institutions in the 
wilderness of California. They, at least, would have preserved these 
Indian races, if they had been left to pursue unmolested their work of 
pious beneficence. 

A. P. 1846, 1849. 

The United States Conquer California, but Continue its 
Civil Organization. 

§ 126. The conquest of that portion of California which includes 
San Francisco took place on July 8th, 1846, and following the principle 
heretofore alluded to, ante § 5^Wsii the civil institutions of a country 
are not overturned by the change of sovereign or political authority, 
Alcaldes were at once appointed for the Pueblo of San Francisco, — 
those then in office having retired, it is presumed. See Addenda, 
No. LXXVII, page 111 ; Executive Doc. No. 17, House of Peps. 1st 
Sess. 31st Con. pp. 452, 494, 499. So a Prefect and Judges of First 



88 CALIFORNIA CONQUERED BY THE UNITED STATES, 

Instance were appointed for the District ; Ibid. 797, 832 ; and a Supe- 
rior Tribunal of Justice appointed on the Mexico- Californian basis. 
Ibid. 807, 808, 820, 821, 827. Everything proceeded as if the civil 
institutions of California had not lapsed, but still existed complete in 
form and vigor. 

A. D. 1847. MARCH. 

General Kearny, Military Governor of California, recog- 
nizes the Corporate Town of San Francisco, and grants 
it Beach and Water Lots. 

§ 127 • California had not been a year in the possession of the 
Americans, when General Kearny, the Military Governor of the 
Department, on the tenth day of March, A. D. 1847, made a grant to 
the Town of San Francisco of all the Beach and Water Lots lying on 
the east front of the town, between the points known as the " Rincon " 
and " Fort Montgomery," being the " Rincon Point " and a Point 
opposite the dotted line running east from 'the Presidio, as both are 
indicated on the accompanying map. Those who came to San Fran- 
cisco as late as the Fall of 1849 will remember an open battery on a 
high terrace cut down in the face of the cliff at the latter point, which 
gave its name to " Battery Street" whose lines passed through it. " Beach 
and Water Lots," — lands overflowed by the ordinary tides — belong to 
the Sovereign of a country. Pollard v. Hagan, 3 Howard, U. S. Rep. 
Formerly these lots in question belonged to Mexico ; when they were con- 
quered from Mexico, they belonged to the United States; when California 
was erected into a Sovereign State they belonged to her as appurtenant 
to her sovereignty, and she granted them to the City of San Francisco. 
California Statutes of 1851, page 307, Chap. 41. But on March 10th, 
1847, these Beach and Water Lots in question undoubtedly belonged 
to the United States, and General Kearny, being the Governor of 
California, and either having the right, or supposing that he had the 
right to grant them, did assume to grant them to the " Town of San 
Francisco." See the grant, Addenda, No. LXXII, page 104. It is 
remarkable that Governor Kearny uses every form of description 
which could be conveniently employed to designate the grantees with 
the greatest certainty : " Do hereby grant, convey and release to the 
Town of San Francisco, the people or corporate authorities thereof 
all the right," etc., etc. Governor Kearny was no lawyer, but he may 
have been told that Mexican Pueblos were not full corporations but 
only quasi-corporations, as was probably true, and so may have feared 
that a grant to the " corporate authorities " would not have been effect- 
ual. But his own good sense doubtless suggested to him that the 
" people " of the town really constituted the corporation, [5 Abbott 
Pr. Rep. 325,] and that if he used every significant term of descrip- 
tion some of them must work effectually to vest the lands granted to 
the " Town." Be this as it may, this grant or attempted grant shows 
conclusively that the then Governor of California recognized a Town or 
Pueblo of San Francisco, and that this town was not the miserable 
ruined Indian hamlet at the Mission of Dolores, but was the Mexico- 



WHOSE AUTHORITIES RECOGNIZE THE PUEBLO. 89 

Californian Pueblo theretofore known as San Francisco or Yerba 
Buena. 

A. D. 1849. MARCH. 

The Citizens of San Francisco institute a District Legis- 
lature. 

§ 128. Nearly two years had elapsed since the conquest of Cali- 
fornia by the Americans, the gold mines had been discovered, the 
Pueblo of San Francisco had attained a population of 10,000 to 15,000, 
and still had no Municipal government except that of Alcaldes. There 
was no Town-Council, no representative or deliberative local legisla- 
ture, and meanwhile no modern city ever stood in greater need of a 
strong and efficient local government, based directly upon public opinion, 
responsible to it, and controlled by it. The inhabitants of San Fran- 
cisco, with that executive instinct of self-government and self-preserva- 
tion which first challenged the wonder of the civilized world and 
afterwards won its approbation, determined that they would have a 
responsible and representative government. Accordingly they orga- 
nized a " District Legislature " or " Legislative Assembly," an elective 
body, with a Speaker and Clerk, proceeding according to the Anglo- 
Saxon Legislative and Parliamentary Law, assuming to supersede all 
other local officers. See Addenda, No. LXXIII, pages 104, 105, 
106, 107. That the citizens of San Francisco who thus undertook to 
supersede the established local authorities, acted in good faith, cannot 
be doubted, for on the 10th March immediately ensuing, they reported 
all that they had done to Major General Persifer F. Smith, Command- 
ing the Pacific Division U. S. Army. Executive Doc. 1st Sess. 31st 
Cong. House of Reps. No. 17, pages 732, etc. General Smith, (now 
long deceased,) who had been a lawyer before he entered the Military 
service of the United States, instead of assenting to the projects of the 
Legislative Assembly, mildly suggested to them that the municipal (or 
civil) laws of California had not been changed by the conquest, and 
that the " Legislative Assembly " was a body wholly unknown to the 
law. Executive Doc. No. 17, 1st Sess. 31st Congress, House, pages 
735, etc. See § 54 of this argument. 

Governor Riley, Military Governor, repudiates the " Leg- 
islative Assembly of San Francisco." 

§ 129. Governor Riley, the Military Governor of California, hav- 
ing higher powers than Major General Smith, who only remonstrated 
against the creation of the " District Legislature of San Francisco " as 
stated in the next preceding § 128 of this argument, and probably 
being fully advised on the points of law involved in the discussion, did 
not hesitate at once to repudiate the action of the citizens of San Fran- 
cisco in constituting a "District Legislature." On June 4th, 1849, he 
issued his proclamation in that regard. See Addenda, No. LXXIV, 
page 107. I have entitled that Addenda as follows : " Governor 
Riley, Military Governor of California, denounces ' the Legislative 



90 AYUNTAMIENTO OF THE PUEBLO RESTORED. 

Assembly of San Francisco.'" But here the "facilitas utriusque lin- 
guae " for a moment misled me. For the Spanish word denunciar has 
not the strong force of our English word " to denounce," but rather 
the milder sense, " to indicate, to publish, to make known." Thus 
Salva, Diccionario Espaiiol, in verbo : " Denunciar : Noticiar ; avisar 
alguna cosa; prognosticar algo; promulgar; publicar solemnente alguna 
cosa. Promulgate." So that when it was said that Governor Riley 
"denounced" the Legislative Assembly of San Francisco, it was 
simply meant that he disapproved of it; for, instead of threatening 
to hang or shoot the members of the Legislative Assembly as malefac- 
tors, he merely notified them that they had mistaken their remedy or 
means of relief. See Addenda, No. LXXIV, page 107, over date of 
June 4th, 1849. 

Governor Riley, United States Military Governor of Cal- 
ifornia, RESTORES THE AYUNTAMIENTO OF THE PUEBLO OF SAN 

Francisco. 

§ 130. But on the very next day, June 5th, 1849, (and perhaps 
accompanying it in the same envelope, with that admirable considera- 
tion which is la politesse des superieurs) the Governor transmitted to 
some of these same gentlemen of the Legislative Assembly together 
with others, an order for the election of an Ayuntamiento of the Pue- 
blo or Town of San Francisco, indicating that that was the legal and 
perfectly adequate mode of relieving the existing pressure upon the 
inhabitants of that Pueblo. See Addenda, No. LXXV, page 108. 
This admirable document sets forth in the most condensed, and yet in 
the clearest manner, the rights of the Pueblo to a representative and 
deliberative local legislature, (Addenda, No. LXXV, page 109, and 
§§ 47, 90, 92, of this argument,) and also : ^ 1st, the police, administra- 
tive and fiscal powers of the Ayuntamiento ; Ibid, IF 2 : 2dly, the right 
of the Ayuntamiento to grant building lots ; Ibid, H 3 : ante § 83 of this 
argument ; 3dly, the inviolability and inalienability of the ejidos ; Ibid, 
1[ 3: ante § 14 of this argument, and 4thly, that all elections should 
be duly certified, transmitted to the Governor, and receive his approval. 
Ibid, ^ 4. Thus the familiar principle of the law of nations, and of 
all Public Law, was formally and properly recognized, and well 
expressed, namely, that when a country is conquered, the laws regulat- 
ing the rights and relations of citizens towards each other, and the 
rights of property, remain unchanged. See §§ 54, 84, of this argu- 
ment. And here again we see that in June, 1849, the Military Amer- 
ican Governor of California, was fully impressed with the notion that 
the Pueblo of San Francisco existed, and that it had a proprietary 
right to grant lands, which it could not have had unless they belonged 
to it. How remarkable it is, that all the Mexico- Californian Govern- 
ors and Legislatures, and after them the Americo- Californian Govern- 
ors and Secretaries of State should have been mistaken in this res- 
pect, — if it was A mistake ! That this Ayuntamiento thus ordered 
by Governor Riley to be instituted was elected, organized, and went 



OFFICIAL RECOGNITION OF THE PUEBLO. 91 

into operation is very evident from public history, a condensed resume 
of which is found in No. LXXVH, pages 111, 112, of the Addenda, 
prepared by the present very efficient City Clerk,* who anticipated 
me in compiling that list : and also fropi the more convincing fact, 
that the present citizens of San Francisco are now submitting to 
annual taxation for the purpose of paying the debts created by that 
same Ayuntamiento or Town Council, under the pressing necessity 
of providing instantly for the town halls, court rooms, jails, streets, 
and sewers required by a whole nation of civilized people, set down 
bodily and at once upon the sandy slopes of the old Pueblo of San Fran- 
cisco. The United States kindly concede that we may pay the debts of 
the ancient Pueblo op San Francisco, but endeavor to confiscate 
the lands of that Pueblo. Is this the definition of a paternal govern- 
ment? The old caducous government of Mexico would at least have 
let us alone. This Ayuntamiento thus ordered to be elected by Gov- 
ernor Riley, and thus elected and organized, was on January 11th 
succeeded by another Ayuntamiento, elected on the same Hispano- 
Californian basis, which held office from January 11th to May 8th, 
1850. See Addenda, No. LXXVII, page 112. 

I. These two Ayuntamientos or Town Councils at once recognized 
that they were the Council of a Pueblo, and that that Pueblo owned 
Municipal Lands, which were subject to their control and disposition 
by virtue of the Municipal laws of Spain and Mexico, which had sur- 
vived not only the Mexican Revolution but also the American con- 
quest. See Addenda, page 338, No. CLXVI. " Las Leyes Vi- 
GENTES." Accordingly they first prohibited the Alcalde from granting 
any town lands without their direction. They then caused a survey 
to be made of the municipal lands and offered them for sale, and sold 
large portions of them at various times. See Addenda, No. CX, 
pages 209-210. 

II. Meanwhile the Prefect, the Hon. Horace Hawes, who was not 
only an American lawyer of ability, but an eminent Hispano Ameri- 
can jurist, representing to the Governor of the State that the Ayunta- 
miento was wasting the property of the city by disposing of its u Mu- 
nicipal Lands," the Governor, on the loth of February, 1850, issued 
a proclamation declaring that no further sales of the "Municipal 
Lands" of the City of San Francisco should for the present take place. 
See the Proclamation, Addenda, No. CX, pafre 211. The Ayun- 
tamiento still continuing refractory, the same Prefect, the Hon. Horace 
Hawes, on February 27th, 1850, informed the Governor of the fact 
that they still seemed disposed to proceed with the sale of the " Muni- 
cipal Lands — the public property of the City ;" see the offi- 
cial communication, Addenda, No. CX, page 211; and on March 
loth, 1850, sent an official communication to the Ayuntamiento remon- 
strating with them against disposing of any of the k ' Municipal Lands — 
the municipal property — the Pueblo Lands," and warned 
them that no member of the Council could lawfully purchase "any 

* James "W. Bingham, Esq. 

6* 



92 . THE LEGISLATURE RECOGNIZES THE PUEBLO. 

PART OF THE LANDS OF THE PUEBLO." See ADDENDA, No. CX, 

page 212. The Governor and Prefect seemed also to know that they 
had a power of control over the disposition of Pueblo Lands by the muni- 
cipal laws of Spain and Mexico, which had survived the Mexican Rev- 
olution, and the American conquest : See Addenda, page 338, No. 
CLXVI, "Las Leyes.Vigentes," and page 314, No. CLIV, respecting 
powers of Governors and Prefects ; otherwise their interference in 
this matter would have been most unwarranted and impertinent. 

III. The Governor, however, on March 29th, 1850, was induced by 
reports sent to him by the Ayuntamiento accompanied by a " list of 
Municipal lands sold" to. revoke his former order suspending the 
sale of "Municipal lands." See his proclamation, Addenda, No. 
CX, page 213. 

IV. The Prefect, probably not knowing of this proclamation of the 
Governor, on the next day, March 30th, 1850, issued a further proclama- 
tion suspending all sales of the " Municipal lands of San Fran- 
cisco." See Addenda, No. CX, page 213. And thus that contro- 
versy ended ; the Ayuntamiento carrying the day, by securing the aid 
of the Governor, and under these various sales so ordered by that 
body, a large portion of the most valuable property of the Pueblo was 
sold at auction to the highest bidder. 

Y. Meanwhile, the Prefect himself, under a constitutional law which 
authorized him to act executively in the distribution of Pueblo 
Lands, assumed that function, which he could not possibly have done 
in regard to public lands of the United States. See this law, Ad- 
denda, No. CLIV, page 314; and an example of such grants, Ad- 
denda, No. CLX, page 304. 

A. D. 1850. APRIL. 

The Legislature of California recognizes the Pueblo of 
San Francisco. 

§ 131. On the 15th of April, 1850, the legislature of California 
raised San Francisco to the dignity of a City. See An Act to incor- 
porate the City of San Francisco, Laws 1850, chap. 98, page 223. If 
the inhabitants had therefore been only a politico-corporation, they then 
became a full corporation, with all the powers belonging to such institu- 
tions. By the same act, page 229, § 11, the Legislature declare that on 
the day when that City Charter should go into effect, " all the powers 
"and functions of Prefect, Sub-Prefect, Alcaldes, Second Alcaldes, 
" the Ayuntamiento, and all other officers whatsoever, heretofore 
" exercising authority in the Municipal Government of the Pue- 
"blo of Yerba Buena or San Francisco, or City of San 
" Francisco, shall cease and determine." This demonstrates the fact 
that in less than three years after the conquest by the Americans, the Leg- 
islature of California believed and declared that there was an organized 
Pueblo of Yerba Buena or San Francisco. In § 1, page 223, of the 
same act, the Legislature fixed the corporate limits of the City, which, 
on consulting the map, we find did not include the whole of the Mis- 



GENERAL BELIEF IN THE PUEBLO. 93 

sion of Dolores ; in the same section is a provision tbat the fixing 
of these boundaries shall not " be construed to divest or in any manner 
prejudice any right or "privilege to which the City of San Francisco 
may be entitled beyond the limits above described." These declar- 
ations establish two facts : 

First : That although the Legislature recognized the Pueblo op 
San Francisco, they did not imagine that it was located at the Mis- 
sion of Dolores ; for when they raised the Pueblo to the rank of 
a City, they did not include all of the Mission of Dolores within its 
boundaries. 

Secondly: That the Legislature " had heard" of some claim of 
the Pueblo of San Francisco to lands situate beyond the limits pre- 
scribed for the new incorporation. It was only years afterwards that 
counsel were found bold enough to assert that " nobody had ever heard 
of such a claim." 

The Authorities, the Citizens, and the Legislature have 
Faith in a Pueblo of San Francisco. 

§ 132. I. Meanwhile the Ayuntamiento of San Francisco, know- 
ing that they had the ownership in trust of the Pueblo lands, pro- 
ceeded to execute the Legislative enactment of the Cortes of Spain 
of January 4th, 1813, ordering the Pueblo lands to be sold, (see ante, 
§ 52 of this argument, Addenda, No. XI, page 21) and at various 
dates in the years 1849 and 1850 a large portion of those lands was 
exposed for sale at public auction by the authorities of the Pueblo, and 
publicly sold, all parties admitting that these lands were Municipal 
Lands — Lands of «the Pueblo, as I have shown in § 130 of 
this argument, and the proceeds were paid into the treasury of the 
Municipality. See Wheeler's Land Titles, which are in evidence in 
the case by stipulation. 

II. And afterwards, when the new city found itself in debt, and 
was struggling to regain its credit, its Common Council created a 
" Board of Commissioners of the Sinking Fund of the City of San 
Francisco," to which the most valuable of these lands were conveyed, 
in the hope that on the credit of their hypothecation a fund might be 
created upon which the debt of the city might be funded for a period 
of years, and thus delayed until it could be gradually liquidated from 
the resources created by these lands and the annual revenue of the 
city. See the history of this plan, Smith v. Morse, 2 California Re- 
ports, 524, and the plan itself, Addenda, No. CIII, pages 189-192, 
and the conveyance of the city property, including its Municipal lands, 
to the Commissioners of the Sinking Fund, Addenda, No. CIV, page 
192. 

III. When this plan proved ineffectual, another device was suc- 
cessfully adopted, namely : to fund the existing city debt on a credit of 
twenty years, pledging for the payment of its annual interest, and of 
$50,000 annually to its Sinking Fund, a first lien on all the revenues 
of the city derived from taxation, and also all those Pueblo lands there- 

ofore conveyed to the Commissioners of the Sinking Fund, who were 



94 GENERAL BELIEF IN THE PUEBLO. 

required to convey, and did convey them to the " Commissioners of 
the Funded Debt," created for that purpose. See Laws of California 
for 1851, Chap. 88, page 387, and page 390, § 12 of "4n Act to 
authorize the Funding of the Floating Debt of the City of San Fran- 
cisco, and to provide for the payment of the same," passed May 1st, 
1851. See Addenda, No. CVI, page 129; §§ 1, 10, 12; and the 
conveyance made by the "Commissioners of the Sinking Fund" 
to "the Commissioners of the Funded Debt," Addenda, Nos. 
CVII, page 199; and CV, page 195. It is a matter of history that 
under that act the Commissioners of the Funded Debt sold a vast 
quantity of real estate, constituting a large portion of the current titles 
to land, to which there is no title at all in the hands of these grantees, 
immediate and derivative, except that derived from the City of San 
Francisco. See Wheeler's Land Titles, in evidence ut supra. And 
even as late as the year 1862 the Legislature of California, by "An 
Act to authorize the Commissioners of the Funded Debt of the City 
of San Francisco to compromise and settle certain claims to real estate, 
and to convey such real estate pursuant thereto," passed April 14th, 
1862, Laws 1862, chap. CCIII, page 217, and held to be constitu- 
tional in Babcock v. Middleton, 20 California Reports, 643, referred 
to and adopted these conveyances of Pueblo lands to the Commissioners 
of the Funded Debt as a source of title, and the powers of the Com- 
missioners of the Funded Debt have been renewed and enlarged suc- 
cessivelv, in various years. See Addenda, Nos. CXLV, pages 282- 
285 ; CXLI, page 277, and page 322, No. CLXI. 

IV. The Consolidation Act of 1856, which united in one corpora- 
tion the City and the County of San Francisco, grants a special power 
to the Board of Supervisors. (Laws 1856, chap. 125, page 167, § 74, 
Subdivision 23); "To provide ways and means for the prosecution of 
"the claims, in the name of the city to the Pueblo Lands now pend- 
ing for the same." 

V. The United States came meanwhile to the City of San Fran- 
cisco to obtain a conveyance of a portion of its Pueblo lands at Rincon 
Point for a Hospital Lot ; a portion of the very lands which it had 
reserved, but which reservation was void if the lands were Pueblo 
lands ; Addenda, Nos. CXLVIII, page 299, and CXXXI, page 228 ; 
and an act of the Legislature was obtained authorizing the city to con- 
vey to the United States a parcel of land at Point Lobos for the site of 
a lighthouse — a most singular proceeding if that was public land of the 
United States ; Addenda, No. CXL, page 277. 

VI. And the State was only too glad to receive a conveyance from 
the city of a portion of its Pueblo lands on which to erect an Asylum 
for the Deaf, Dumb, and Blind ; Laws 1863-4, page 270. 

Can it be possible that all the constituted authorities of Spain, Mex- 
ico, and California, for a period of more than two hundred and sixty 
years, have been afflicted with a persistent, pestilent, and noxious 
ignorance on the subject of Pueblo Lands ? 

§ 133. In the years 1851-52 the creditors of the city, who had 



RECAPITULATION OF THE ARGUMENT. 95 

obtained judgment on their claims, issued executions upon their judg- 
ments, and levied upon these same Pueblo lands, as if they were the 
property of the city, and exposed them for sale by the Sheriff. Such 
sales were restrained by injunctions from the District Court, upon the 
very ground assumed by the authorities of California under the Mex- 
ican regime, that the lands were held in trust for the citizens of the 
Pueblo. See City of San Francisco vs. Le Roy, case No. 597, 4th 
District Court; City of San Francisco vs. Dunbar, case No. 598, in the 
same Court ; # §§80. 81, of this argument, and these propositions were 
ten years afterward sustained by the Supreme Court of California, in 
the case of Hart vs. Burnett, 15 California Reports, 

Recapitulation of the Argument. — Propositions of the 

Claimants. 

§ 134. From the preceding argument we infer : 

1_ That each Hispano-American Pueblo consisting of ten or more 
heads of families, was entitled to four leagues of land as a part of the 
patrimony of the Pueblo. See §§ 28, 29, of this argument. 

J3- That such four leagues of land were to be measured in a square 
or prolonged form, taking the center of the Plaza or Public Square of 
the Pueblo as a starting point, but that if the sea, mountains, marshes, 
or other wastes intervened, the measurement was to be taken in some 
other convenient direction; and if waste or other useless lands were 
still found to be within the boundaries, they were to be included within 
the lines of the survey, but not to be computed in the calculation of 
the area. See §§ 28, 30, of this argument. 

3- That the conformation of the peninsula of San Francisco is such 
that there could be only one possible parallel of latitude, which, with 

* It is very commonly said that the city has always been unsuccessful in its liti- 
gations. The litigation of a municipal corporation is always of a special and 
troublesome, and generally of a, difficult character. With some considerable ex- 
perience in that respect, I may be permitted to say that the City of San Erancisco 
has been faithfully served by its official servants in the conduct of its law business. 
Col. Holt, the first City Attorney under the charter, was eminently successful in 
the management of the vast litigation which the city inherited as a portion of its 
birthright; and there is probably not one of his successors who can be justly ac- 
cused of remissness in the discharge of his duties. If I may be permitted to make 
a grateful suggestion for the benefit of a city to whose kindness I owe so much, 
it is that the law business of the city can never be perfectly and systematically 
managed until the office of City Attorney and Counsel is elevated into a Depart- 
ment, with its Bureau in the City Hall, and its records as complete and in as per- 
manent a form as those of any other public office. Then an era of confusion 
would not attend every change in the personnel of the office, and the actual incum- 
bent would always have at his command, properly arranged, digested, and indexed, 
all the information belonging to his Department, and a reliable history of every 
law suit in which the city had ever been engaged. Yet those litigating against 
the city are evidently interested in having the municipality inadequately defended 
in its litigation, and the clamor of economy raised by them will probably always 
prevent the proper means being adopted for the completest vindication of the rights 
of the city in the Courts. 



96 RECAPITULATION OF THE ARGUMENT. 

the tide water line surrounding the peninsula, would include the four 
leagues belonging to the Pueblo, and therefore it was not necessary 
that that line should be actually surveyed. Id cerium est quod cerium 
reddi potest. But that afterwards the Mexican Government made such 
grants of adjoining lands that there is left for the Pueblo less than the 
four leagues to which she is entitled, and the superior authorities 
have thus segregated what is left as belonging to the Pueblo, and so 
reduced that area to certainty. See §§ 30, 39, 123, of this argument. 

4- That said four leagues of land were capable of being divided 
into solares or building lots, suertes or sowing lots, propios or lands to 
be rented for Municipal Revenue, ejidos or suburbs, and dehesas or 
the large cattle pasture ; but that such division was decided by con- 
venience only, and that the right of Pueblos to these four leagues of 
land did not depend upon the division being actually made. See §§ 10, 
11, 14, 15, 16, of this argument, and Addenda, No. L, page 71, title, 
"Municipal Funds and Revenue." 

£3- That the Pkesidios were recognized as Pueblos, and that 
such Presidial-Pueblos, equally with other Pueblos, were entitled 
to their four leagues of land, to be measured in the same manner. 
See § 44, of this argument, and Addenda, No. VIII, page 17. 

6_ That San Francisco was founded, in 1776, as a Hispano- 
American Presidial-Pueblo, with eighteen married male soldiers- 
and seven married male colonists, and so as such Pueblo was entitled 
to four square leagues of land. See §§ 34 and 44 of this argument. 
[The words, " siete pobladores tambien casaclos y con familias, seven 
settlers also married and with families," are not translated in section 
34.] That its population in 1825 approached the number of 500 in- 
habitants, ante § 55, and was never reduced below the " ten male mar- 
ried heads of families," which entitled it to four leagues of land ; even 
if it were conceded that such a reduction would work a forfeiture of 
the vested rights of the Pueblo to its lands, which I do not concede. 
See §§ 28, 34, 73, and Addenda, No. LXXVI, page 110. 

*7- That it was an organic feature in the Hispano-American system 
of administration that populations existing in settlements should be 
governed by representative and deliberative municipal bodies called 
Atuntamientos or Common Councils ; that towns of a certain popu- 
lation were entitled to have Ayuntamientos of their own, as a matter 
of course ; but that if the populations were too small to be each entitled 
to an Ayuntamiento of its own, they were either joined together to 
form an Aggregated Ayuntamiento, or were attached to some 
Pueblo which had an Ayuntamiento of its own. See § 47 of this 
argument. 

3- That in the autumn of the year 1834, an Ayuntamiento was 
organized at San Francisco for the Partido of San Francisco, 
including small neighboring populations, that is to say, an Ayunta- 
miento aggregate, and that this Ayuntamiento Aggregate was 
elected, organized, and entered upon the discharge of its functions. 
See §§ 47, 70, 71, of this argument. 

0_ That immediately afterwards it was discovered that the Pueblo 



RECAPITULATION OF THE ARGUMENT. 97 

of San Francisco had a population sufficient to entitle it to an Ayunta- 
miento of its own, and thereupon an Ayuntamiento of the Pueblo 
was organized, to which the population of Contra Costa was for a while 
attached; namely, a Composite Ayuntamiento, which superseded 
the Ayuntamiento of the Partido. See §§ 47, 72, 74, 76, 77, of this 
argument. 

lO- That the Pueblo of San Francisco was a fully organized 
body politic and Corporate; and that it and its Ayuntamiento not 
only claimed to be such, but were repeatedly recognized as such by the 
Governor, the Departmental Legislature, and by the citizens of Cali- 
fornia. See §§ 77, 82, 83, 84, 87, 88, 96, 100, 110, 112, 120, 122, of 
this argument. 

11_ That this Ayuntamiento of the Pueblo of San Francisco pos- 
sessed the power to grant, and did grant land for building lots, which 
it could not do unless the Pueblo of San Francisco was a body 
politic and corporate, and the owner of such lands. See §§ 83, 84, 87, 
98, 100, and Addenda, No. LXXYIII, pages 113, 114, of this argu- 
ment. That no measurement of those four leagues of land was actually 
necessaiy, but that by the survey of the adjoining lands the Pueblo 
lands have been effectually segregated from the public domain. See 
§§ 30, 39, and 123, of this argument. 

1S_ That meanwhile the Governor and Departmental Assembly, 
assuming to be the superior visitors, inspectors, and directors of said 
trust, did lawfully grant a large portion of said four leagues of land to 
citizens of said Pueblo, in fee simple, for purposes of grazing and 
farming. See §§ 80, 81, 82, 97, 102, 120, of this argument. 

13- That in the year 1835 a settlement was begun within the 
limits of the Pueblo of San Francisco, on its northeastern frontage 
upon the Bay, which was then called Yerba Buena, # and which is 
the present site of the most thickly settled portion of the present City 
of San Francisco. That the population of the Pueblo of San Fran- 
cisco gradually shifted itself to Yerba Buena, a site within the Pu- 
eblo of San Francisco, and the Pueblo was thereafter known indif- 
ferently by the name of Pueblo of San Francisco, Port of San 
Francisco, Yerba Buena, and Pueblo of Yerba Buena. See §§ 120, 
111, 42, 55, and 110 of this argument, and Addenda, No. XXVI. 

1*3=- That in the year 1838 the Ayuntamiento of the Pueblo of 
San Francisco was suspended, because the requisite basis of population 
for an Ayuntamiento had been raised to 4,000 inhabitants ; but that the 

* So named from the fact that that locality abounded in " Yerba Buena — the 
good herb," a species of aromatic mint, reputed to be efficacious as a febrifuge. I 
believe that the designation of " Yerba Buena," euphonious in itself and replete 
with historical associations, is now attached to only a disused cemetery, which is 
about to be appropriated to other uses, and to " Yerba Buena Lodge, No. 15," of 
the Independent Order of Odd Fellows. The island opposite the city, between its 
water Front and Contra Costa, was formerly called "La Isla de Yerba Buena 
— Yerba Buena Island," but several years ago some experimental Yankee planted 
there a colony of goats, and since then it has generally been called " Goat Is- 
land." It is to be regretted that the designation "Yerba Buena" has not been 
more generally perpetuated. 



98 RECAPITULATION OF THE ARGUMENT. 

Pueblo still retained its character of body politic and corporate, and 
was administered by Alcaldes and Justices of the Peace with the pow- 
ers of Ayuntamientos. See §§ 89, 90, 92, of this argument, and No. 
LXIX, page 100, of the Addenda. 

15. That these Justices of the Peace, thus having the powers of 
an Ayuntamiento, made and promulgated Municipal Ordinances for the 
government of the Pueblo of San Francisco, which were published 
in that Pueblo. See § 96 of this argument, and Addenda, No. XLIII, 
page 62. 

16 _ That the Alcaldes and Justices of the Peace of the Pueblo 
of San Francisco continued to grant the lands of the Pueblo of 
San Francisco down to the' year 1846, and within twenty days of the 
conquest of California by the Americans, which they could not lawfully 
do unless the Pueblo of San Francisco continued to exist as a body pol- 
itic and corporate, and was the owner of said lands. See §§ 100, 83, 
84, of this argument, and also Addenda, No. LXXVIII, page 113. 

IT? ^ That this Pueblo of San Francisco had a complete fiscal 
organization, with Syndics regularly elected during the existence of 
the Ayuntamiento, and appointed by the Governor after that time. 
See Addenda, Nos. XXX, page 47 ; XXXV, page 54; XLV, page 
63 ; LIV, page 95. 

18- That when California came into the possession of the United 
States, the constituted authorities of the new Government recognized 
the Pueblo of San Francisco, its corporate existence, its right to its 
lands, and restored its Ayuntamiento ; and that the Legislature of Cali- 
fornia made the same recognition when it raised that Pueblo to the 
rank of City. See §§ 126, 127, 129, 130, 131, of this argument. 

10- That there was near the Pueblo of San Francisco a Catholic 
Mission of converted or neophyte Indians, generally called the Mission of 
Dolores de San Francisco, founded also in the year 1776; see § 34 of 
this argument. That this Mission was never very prosperous, and from 
the year 1815 declined rapidly in population. Addenda, No. LXXVI, 
page 110, ante, § 115. That the neophyte Indians lived there in a 
state of Community from which they never emerged; §§ 17, 78, 79, 
82, 88, 93, 89, 102, 107, 112, 114. That the Mission and Community 
died of inanition between the years 1814 and 1844, and were lawfully 
declared extinguished by a formal inquest of office in the year 1845 ; 
§§ 115, 116, 117, 120. That it was originally intended that this Mis- 
sion should become secularized, and be erected into an Indian Pueblo, 
like all other such Missions, § 17, but that, as above shown, this was 
never accomplished; and that although it was sometimes called the 
Pueblo of Dolores, the word Pueblo was thus employed only in the 
sense of " settlement ;" §§ 9, 88, 98, 114, 117, and that the Mission of 
Dolores w r as never a Pueblo in the sense of an organized town or 
body politic or corporate ; but, on the contrary, as late as the year 1844, 
its inhabitants, including Prefects, sub-Prefects, Alcaldes, Justices, and 
Regidores, past and present, petitioned the Governor setting forth that 
the Mission of Dolores. had never had the title of Pueblo, and pray- 
ing that it might be granted to it in future, which application was not 



RECAPITULATION OF THE ARGUMENT. 99 

granted ; § 114, and Addenda, No. LXXI, page 102 ; and that in the 
next year, 1845, the said Mission of Dolores, by a formal inquest 
of law, was forever extinguished, and never reached or could reach 
the condition of an organized Pueblo; § 115, and Addenda, No. 
LXTI, page 88, Articles 1 and 2 ; and LXXIII, page 90, Art, 1. 

50- That the Pueblo of San Francisco, and this Mission of 
Dolores, (subsequently called the Establishment of Dolores) were 
perfectly distinct, and never confounded with each other ; nor has an 
attempt ever been made to confound them, until long since the con- 
quest of California by the Americans. See §§ 77, 88, 93, 102, 104, 
126, 127, 130, 131, 132. 

51- That on the seventh day of July, a.d. 1846, [the date of the 
conquest of California by the Americans] there was a Pueblo existing 
at San Francisco. 

S2, That the first military Governor after the conquest of Cali- 
fornia by the Americans, recognized the corporate existence of the 
Town or Pueblo of San Francisco, and made a grant of lands to it in 
the name of the United States. § 27 ; Addenda, No. LXXII, page 
104. 

S3- That Governor Riley, the last military Governor under the 
conquest of California by the Americans, not only recognized the 
Pueblo of San Francisco, but also restored its Ayuntamiento or 
City Council, and gave the most full and explicit directions in relation 
to the management of its Municipal Lands. Ante, § 130 ; Ad- 
denda, No. LXXY, page 108. 

S4L_ That the People of San Francisco, without a single excep- 
tion, recognized the existence of the Pueblo, elected its Ayuntamiento 
and Alcaldes, submitted to their authority, and bought the Pueblo 
lands when sold by them — the Ayuntamiento assuming the sole 
control of the lands, and putting them up for sale at various times. 
Ante, § 130, Subdivisions I and IV; § 132. 

So. That the Prefect of San Francisco, an officer who was 
learned in the law of America and in that of Spain, and perfectly quali- 
fied for his position, not only repeatedly recognized the Pueblo and 
the Pueblo lands, but interfered himself with all the power and author- 
ity of his office, and induced the Governor of the State to interfere, to 
restrain the further sale of the Municipal Lands of the Pueblo for the 
sole reason that they belonged to the city. Ante, § 130, Subdivisions 
II and IV. 

S6. That the Governor of California recognized the existence of 
the Pueblo, the lawful authority of its Ayuntamiento, the ownership by 
it of its Pueblo Lands, and issued two proclamations relative to them, 
the first restraining their further sale, and the latter allowing the 
Ayuntamiento to proceed with the sales which they had announced to 
take place. Ante, § 130, Subdivisions II and IV. 

ST, That the same Prefect himself assumed to dispose of Pueblo 
Lands under a valid municipal law of Mexico, which had survived the 
conquest of the country by the Americans, an act which he could 
assume to perform only because the lands were Pueblo Lands, and 



100 RECAPITULATION OF THE ARGUMENT. 

not part of the public lands of the United States. Ante, § 130, Sub- 
division V. 

28. That in April, 1850, the Legislature of California raised San 
Francisco to the dignity of a city, and in the act passed for that purpose 
recognized the Pueblo of San Francisco as the politico-corporate 
municipality which the city was to succeed. Ante, § 131. 

S9. That the citizens of San Francisco evinced the strongest 
possible confidence in the Pueblo, by purchasing the municipal lands 
put up for sale by the Ayuntamiento, with the most implicit pecuniary 
faith in the validity of the title thus acquired. Ante, § 132, Sub- 
division I. 

GO- That the city and the legislature in the years 1850 and 1851 
used the municipal lands as one great resource for the payment of the 
floating debt of the city; and finally, having caused the debt to be 
funded, applied them to that purpose. Ante, § 131, Subdivisions II 
and III. 

31- That by the Consolidation Act of 1856 the legislature made 
another and solemn recognition of the Pueblo Lands of the City of 
San Francisco. Ante, § 131, Subdivision IV. 

3S. That the United States came, meanwhile, to the City of San 
Francisco, with the permission of the legislature, to obtain grants of 
lands, which if they were not Pueblo Lands, already belonged to 
the United States. Ante, § 13 J, Subdivision V. And the State itself, 
it may be here stated as a matter of fact standing upon its statute 
book, came to the same source to obtain a conveyance of a site for its 
Deaf, Dumb, and Blind Asylum. Laws 1863-4, page 260. 

§ 135. It did not need so long and minute a narrative to sustain 
the inferences above made, for the law would have presumed all the 
substantial facts which that narrative has incontestably established. 
The fact that a town has de facto an organization of the usual officers 
who were elected and served as such, is prima facie evidence of the 
legal organization of such town. Town of Londonderry vs. Town of 
Andover, 28 Vermont Rep., 416. And also that it is a corporation 
capable of holding and transmitting real estate, and of being by pre- 
scription the owner of such real estate. Robie vs. Sedgwick, 35 Bar- 
bour S. C. R., 319. 2 Kent, 277. Angell & Ames on Corp., 57. Dil- 
lingham vs. Snow, 7 Mass., 547. Stockbridge vs. West Stockbridge, 
12 Mass., 400. When the City of San Francisco was incorporated, 
and the functions of the Pueblo organization suspended, the City became 
the lawful successor of the Pueblo, and continued its identity. Over- 
seers of the Poor of Boston vs. Sears, 22 Pick., 122. In order to 
dedicate property for public use in cities and towns, and other places, it 
is not essential that the property should be vested in a corporate body. 
It may exist in the public alone ; and the sovereign is bound by the 
dedication, even if there is no actual grant. New Orleans vs. The 
United States, 10 Peters, 662. It was therefore wholly unnecessary 
for the claimants to show that the Pueblo of San Francisco was an 
actual, legal, and fully organized body politic and corporate, the owner 



THE UNITED STATES CALIFORNIA LAND COMMISSION. 101 

of lands which it could grant to its citizens, and which had been com- 
pletely segregated from the public domain. But those facts were true, 
and the Pueblo of San Francisco has shown them by incontestable 
proofs. Ante, \\ 82, 84. 

A.D. 1851. 

The United States create a Commission to ascertain and 
settle Private Land Claims in California. 

§ 136. On March 3d, 1851, the Congress of the United States 
passed " An Act to ascertain and settle Private Land Claims in the 
" State of California " (United States Statutes at Large, Vol. 9, page 
631) which contains the following enactments: 

" Section 1. That for the purpose of ascertaining and settling 
" private land claims in the State of California, a commission shall be, 
" and is hereby constituted, which shall consist of three Commissioners, 
" to be appointed by the President of the United States, by and with 
" the advice and consent of the Senate, which commission shall con- 
" tinue for three years from the date of this Act, unless sooner discon- 
" tinued by the President of the United States." 

"Sec. 8. That each and every person claiming lands in California 
" by virtue of any right or title derived from the Spanish or Mexican 
" Government, shall present the same to the said Commissioners when 
" sitting as a Board, together with such documentary evidence and 
" testimony of such witnesses as the said claimant relies upon in support 
" such claims ; and it shall be the duty of the Commissioners, when 
" of the case is ready for hearing, to proceed promptly to examine the 
"same upon such evidence, and upon the evidence produced in behalf 
" of the United States, and to decide upon the validity of the said 
"claim, and within thirty days after such decision is rendered, to cer- 
" tify the same, with the reasons on which it is founded, to the District 
" Attorney of the United States, in and for the district in which such 
" decision shall be rendered." 

" Sec. 14. And he it further enacted, [1] That the provisions of this 
" Act shall not extend to any town lot, farm lot, or pasture lot, held 
" under a grant from any corporation or town to which lands may have 
" been granted for the establishment of a town by the Spanish or Mex- 
" ican government, or the lawful authorities thereof, nor to any city, or 
" town, or village lot, which city, town, or village existed on the seventh 
" day of July, eighteen hundred and forty-six ; but the claim for the 
" same shall be presented by the corporate authorities of the said town, 
" or where the land on which the said city, town, or village was origin- 
"ally granted to an individual, the claim shall be presented by or in the 
" name of such individual ; [2] and the fact of the existence of the said 
" city, town, or village on the said seventh July, eighteen hundred and 
" forty-six, being duly proved, shall be prima facie evidence of a grant 
" to such corporation, or to the individual under whom the said lot- 
" holders claim ; [3] and where any city, town, or village shall be in 
" existence at the time of passing this Act, the claim for the land em- 



102 THE UNITED STATES CALIFORNIA LAND COMMISSION. 

" braced within the limits of the same may be made by the corporate 
" authority of the said city, town, or village." 

Analysis of § 14 of that Act. 

§ 137. The above § 14 contains the provisions under which the 
present claim is presented. 

1. The First Clause [1] provides that the presentation of a claim 
to Pueblo lands by any Pueblo existing on July 7th, a.d. 1846, 
whether known as city, town, or village, and its confirmation, shall 
inure to the benefit of all persons holding lands by grants from the 
Pueblo ; a most beneficial enactment, preventing a multiplicity of 
suits, making one proceeding effectual for a large number of claimants, 
which in the case of the Pueblo of San Francisco would probably 
have amounted to thousands, 

2. The Second Clause [2] provides that when the existence on 
the 7th of July, a.d. 1846, of a town established by the Spanish or 
Mexican authorities is proved, that fact shall be 'prima facie evidence 
of a grant to such town. This enactment seems to have been made for 
two purposes : First, to satisfy those who it was foreseen would clamor 
for a paper or parchment grant, duly engrossed, signed, sealed, and de- 
livered ; see ante, § 29, of this argument. And such persons are com- 
forted with the assurance that such a grant is held by law to have been 
made, although it cannot now be found. Secondly, to relieve all doubts 
as to the question of survey, and to answer the objections of those who 
might contend that there having been no actual grant, but only a remote 
equitable right to a grant which was never carried into execution, this 
right has now been lost. To such persons this enactment replies : 
" There is presumed to have been a grant ; the Pueblo is entitled to 
the lands ; it is now necessary only to fix their boundaries and issue a 
patent for the tract included within them." 

3. The Third provision [3] seems to be a general enactment made for 
the purpose of providing for such contingencies as might exist without 
the knowledge of Congress. Thus a Pueblo might at the date of the 
passage of the Act of Congress exist as a new corporation created by 
Act of the Legislature, with a name different from its Pueblo name, 
and in this case the claim might be presented by the new corporation. 
There might be a possible case where a Pueblo existed before July 
7th, 1846, and granted land to its citizens, and yet fell into decadence 
and did not exist on July 7th, 1846, but afterwards, under the Anglo- 
American dominion, revived, and became incorporated, and had a cor- 
porate existence at the time of the passage of the Act of Congress ; 
and in this case also, the claim could be presented by the new corpora- 
tion. The phrase " the claim for the land embraced within the limits 
of the same," must of course be construed to mean the proprietary 
limits. No other construction would carry into effect the purpose of 
the law, which is, to comply with the duty of the United States result- 
ing from public law and guaranteed by the Treaty of Guadalupe- 
Hidalgo, to confirm to the citizens of California the rights and property 
possessed by them at the time of the conquest. 



THE WHOLE QUESTION ALREADY JUDICIALLY DECIDED. 103 

The whole Question decided bt the Supreme Court of 
California, and the Courts of the United States will 
follow that decision. 

§ 138- The Supreme Court of California, in the case of Hart vs. 
Burnett, 15 California Reports, 530, has expressly decided the whole 
question, namely : that San Francisco was a fully organized Pueblo, 
and as such entitled to four square leagues of land ; and that decision 
is not only followed by the Courts of the State, but also has been rec- 
ognized by this Court. We think this decision is binding upon this 
Court. In the complex adjustment of sovereignty under our Federal 
system, the State Courts of California are the complement of the Fed- 
eral Courts ; that is to say, the State Courts represent that other portion 
of the judiciary which is necessary to make up a complete judiciary of 
the whole sovereign power. The Federal Courts represent in that respect 
one-half of the judicial power of a complete sovereignty, and the State 
Courts represent the other half. The comity of nations, which com- 
pels Courts representing equal sovereignties to accord a certain defer- 
ence to each other's decrees, applies in the case at bar not with an equal, 
but with a constraining force, and while this Court is bound to give only 
an effect of equality to the decrees of its co-ordinate State Jurisdictions 
of equal rank, it is bound to give a greater effect to the decrees of that 
State Court of California which is not its co-ordinate but its superior 
in rank. The District Courts of the State of California are the co- 
ordinates of the Circuit Courts of the United States. To their decrees, 
as to those of its co-ordinates, a Circuit Court of the United States for 
California may, or may not, accord a binding force. But the Supreme 
Court of the State of California is not the co-ordinate of the Courts of 
the United States for the State of California, but is the co-ordinate of 
the Supreme Court of the United States. When, therefore, the 
Supreme Court of the State of California has decided a case, and the 
Supreme Court of the United States has not decided to the contrary, 
we submit that all the Courts of the United States for California are 
bound to follow that decision just as fully as if the Supreme Court of 
the United States had made it, and that it does not belong to a Court 
of inferior rank, but only to the judiciary of equal, co-ordinate, and 
complementary rank, to pronounce a dissenting decree- We advance 
these propositions in all boldness, but with all due respect. Again. 
When the course of events has called the Supreme Court of Appeals 
of the State of California to pronounce first in affirming a class of titles 
to lands under a Mexican grant, upon points resting upon municipal 
law, for a Court of the United States in California to pronounce any 
different decision, would be productive of such disastrous results that 
the right to do so must be denied upon considerations of convenience 
alone. In such cases common prudence requires that if an accepted 
rule of property is to be disturbed, it shall be done only by that Supe- 
rior Tribunal whose decisions are final. 

The propositions above advanced in this section have been enforced 
in the most emphatic manner by the Supreme Court of the United 
States, in the case of League vs. Egery, 24 Howard's Reports of Sup. 



104: THE WHOLE QUESTION ALREADY JUDICIALLY DECIDED. 

Court of the U. S., 264, where Mr. Justice Campbell, delivering the 
decision of the Court to the effect that by the colonization laws of Mex- 
ico, passed in 1824 and 1828, the consent of the federal Executive of 
Mexico was essential to the validity of a grant of lands within ten 
leagues of the coast, uses the following language : 

" The location is within the littoral or coast leagues described in 
"the fourth sections of the colonization laws of Mexico, of 1824 and 
"1828. The litigation between the grantees and their assigns and the 
" defendants for this land has been protracted in the Courts of Texas, 
" and the opinion of the Supreme Court of that State has been very 
" definitely expressed upon the validity of their titles on two several 
"occasions. Smith vs. Power, 14 Tex. R., 146; Smithes. Power, 23 
"Tex. R., 29. In the latter case the Supreme Court said : 'No ques- 
" tion is more authoritatively settled by the repeated decisions of this 
" Court, than that the consent of the federal Executive of Mexico was 
" essential to the validity of a grant of lands of the character of the 
" present within the border and coast leagues. Edwards vs. Davis, 3 
"Tex. R., 321 ; 10 Id., 316; Republic vs. Thorn, 3 Id., 499 ; 5 Id., 
"410; 9 Id., 410, 55Q. In the case of Smith vs. Power, (14 Texas 
" R.) the parties to this appeal, it was held, that the grant here in 
" question, under which the defendant claims, could not be distinguished 
"from those which had been passed upon in former cases ; and upon 
"the authority of those cases, it was decided that the grant wanting 
"such consent was void. That question, therefore, cannot be con- 
" sidered as now an open one. A series of decisions continued almost 
" from the organization of this Court down to the present time, thus 
" settling the construction of the old local law, upon which the titles to 
" real property in the oldest and most densely peopled portions of the 
" State so largely depend, must be regarded as emphatically the law of 
" the State.' In accordance with well established principles of this 
" Court, we accept this uniform and stable body of judicial decisions of 
" the Court of last resort of the State in which the property is situated, 
" and in which the transactions that form the subject of this litigation 
" took place, as conclusive testimony of the rule of action prescribed 
" by the authorities of the State, as applicable to their interpretation 
"and adjustment. We do not inquire whether a more suitable rule 
" might not have been adopted, nor whether the arguments which led 
"to its adoption were forcible or just. We receive the decisions having 
" the character that are mentioned in the extract we have made from 
" the opinion of the Supreme Court of Texas, as having a binding force 
" almost equivalent to positive law. Such being our conclusion in 
" respect to this grant, we must sanction the judgment of the District 
" Court that denies its validity. Judgment affirmed." 

On these principles it would seem that the decision of the Supreme 
Court of California in the case of Hart vs. Burnett, 15 Cal. Rep., 530, 
that there was a Pueblo of San Francisco entitled to four leagues 
of Pueblo Lands, and that the City of San Francisco, as the succes- 
sor of that Pueblo, holds those Pueblo Lands in trust for the inhab- 
itants of the city, is decisive of the question. 



k£sum& 105 

Resume. 

§ 139. We have shown, then, the ancient, immemorial, unrepealed 
laws of Spain and Mexico, never doubted, but always acknowledged, 
which entitled the Pueblo of San Francisco to Four Square Leagues 
of land. We have shown this Pueblo in existence in the form of a 
complete and fully organized Municipality, recognized by the Governor, 
the city Legislature, and by the citizens universally, and afterwards 
by the United States and the State of California. We have shown 
this Pueblo in possession of a portion of these lands, and dealing with 
them as with its own property ; and the possession of a part under 
color of title is a constructive possession of the whole. We have 
shown that the Governments of Mexico and of the United States have 
defined the limits of these lands by surveys of adjacent lands granted 
by the former Government, although from the conformation of the penin- 
sula within which they are situated, no survey was necessary in order 
to define the limits of the Pueblo lands. We have shown the United 
States coming to the rescue against the most Quixotic assaults, and 
expressly declaring by law that a grant of lands to the Pueblo shall be 
presumed. We have shown that the highest Court in the State of Cali- 
fornia, in the administration of its municipal laws, and compelled to 
take judicial knowledge not only of the laws but also of the history of 
the country, has acknowledged all the law and the facts, and conceded 
and confirmed all the rights for which we contend. 

The Question of the Final Disposition of the Pueblo Lands 
is not to be considered in this Case. 

§ 140. The consideration of the legislative direction or control 
which the Legislature of California in virtue of its right of sovereignty 
has heretofore asserted, or may hereafter assert over the execution of 
the trust to which these four leagues of Pueblo lands are subject, for 
the benefit of the inhabitants of the city, is a mere speculative one, and 
is not to be regarded in the decision of the case. We have shown 
that these lands were always held in trust for the benefit of the citizens 
of the Pueblo, and that this feature was stamped upon all the coloni- 
zation laws ; see the four league laws, Addenda, Nos. I and II ; De- 
Neve's Regulations of 1781, Addenda, No. IV ; Plan of Pitic, Ad- 
denda, No. VII ; that the Cortes of Spain, as well as the Governors 
and Departmental Assembly of California, exercised the right to 
modify, direct, and control the execution of this trust, §§ 52, 80, 81, of 
this argument; and that the State of California has succeeded to this 
sovereign right of inspection and control ; New Orleans vs. The United 
States, 10 Peters, 736, 737; Dartmouth College vs. Woodward, 4 
Wheaton, 518; Hart vs. Burnett, 14 Cal., 530; People vs. Morris, 13 
Wend., 325 ; East Hartford vs. Hartford Bridge Co., 10 Wheaton, 511. 
But what is to be the ultimate disposition of these Pueblo lands does 
not concern this Court. When it shall have confirmed to the City 
of San Francisco the same title and interest which its predecessor 
had in four leagues of Pueblo lands, it will have done all that the law 
requires of it, and all that we claim at its hands. 



106 FINAL NOTES. 



EJIDOS-PKESIDIOS. 

Ejidos as a Generic Term. — I hare in the course of the argument several 
times called attention to the fact that many translators have confounded the terms 
ejidos and dehesas when those terms were used as specific terms contradistinguished 
from each other; namely, the ejidos as designating the vacant suburbs or commons 
immediately next to the settled portion of the Pueblo, and the dehesas indicating 
the great herd pasture lying beyond. See §§ 14, 15, 103 of this argument. But I 
have inadvertently omitted to state that ejidos was also used as a generic term to 
designate the whole body of lands to which the Piubh was entitled, which was 
capable of being divided into — 1st. Propios, § 10; 2d. Ejidos, specific, vacant sub- 
urbs or. commons, § 14; and 3d. Dehesas, the great outside cattle pasture, § 15. 
Ejidos, in a general sense, meaning all the lands of the Pueblo, before they were 
subdivided, was frequently used by the Governors and Secretaries of State in Cali- 
fornia before the conquest by the Anglo-Americans. Thus in the case of Dona 
Martina Castro vs. The United States, No. 343 in this Court, (No. 593 of the Land 
Commission) it appears from the Espediente (No. 3 1 J) that the Ayuntamicnto of 
the Villa of Brancifortc objected to the grant of the lands solicited by Dona Mar- 
tina, because they might fall within the ejidos of that Villa, which had not yet 
been marked out. Jimeno, the Secretary of State, over date of February 8th, 
1844, in a report which the Governor approved, states that the grant had been 
drawn subject to a tax, in case the lands proved to be within the ejidos, and adds : 
"I understand that the town of Branciforte is to have (se le debe schalar) for 
ejidos of its population four square leagues in conformity to the existing law of the 
Recopilacion of the Indies, in Volume II, folios 88 to 149," being the four league 
law cited in § 28 of this argument. This furnis'ies an example of the u<e of 
ejidos in a generic sense ; and also shows that the Secretary of State and the Gov- 
ernor-of California, in the year 1844, considered that each Pueblo was entitled to 
four square leagues of land. So when the Governor, in 1840, Addenda, No. L, 
p. 70, title Commons, reports that none of the towns have their ejidos and pi'opios 
marked out, the word ejidos is usedgenerieally to designate the whole four leagues ; 
and the complaint of the Governor is to the effect that the towns have not yet had 
their propios assigned, and so do not know what municipal revenues can be de- 
rived from that source, because the great body of the lands of the town — the ejidos 
— out of which the propios are to be assigned, are not yet marked out. I have 
shown in § 15, that " common lands" present an equivocal translation of the term 
ejidos, for that phrase includes not only the specific ejidos which were a portion of 
the inalienable patrimony of the Pueblo, but also the dehesas, in which the 
Pueblo had only a qualified property, subject to the superior legislative control. 

The Presidio of San Francisco did not survive the removal of the popula 
tion from that point to Yerba Buena as stated in §§ 55, 111, 120, and Addenda, 
No. XXVI. Lieutenant Wilkes, who visited San Francisco with his Exploring 
Expedition in 1841, says: "After passing through the entrance of the Bay, we 
were scarcely able to distinguish the Presidio; and had it not been for its solitary 
flag staff, we could not have ascertained its situation. From this flag staff no flag 
floated ; the building was deserted, the walls had fallen to decay, the guns were 
dismounted, and everything around it lay quiet. I afterwards learned that the 
Presidio was still a garrison in name, and that it had not been wholly abandoned; 
but the remnant of the troops stationed there consisted of no more than an officer 
and one soldier." Wilkes' Exploring'Expedition, Vol. V, p. 152; Bryant's Cali- 
fornia, 429. De Mofras, writing in 1842 — although his first and probably his only 
visit to the Presidio was in 1840 — writes: "The Presidio of San Francisco is in 
ruins, and completely disarmed ; it is inhabited only by a sub-lieutenant and five 
farmer soldiers and their families." De Mofras, Vol. I, p. 427. From this 
condition of ruin and abandonment the Presidio never recovered until after the 
Anglo-American conquest. It does not seem to be generally known that there 
was formerly a chapel at the Presidio, which, with the Governor's house, enjoyed 
the distinction of being whitewashed. Beechy, Vol. II, p. 9. Farnham's Cali- 
fornia and Oregon, (1844) p. 353. "Historical Introduction" prefixed to the 
argument. 



ADDENDA 



No. I. 

[Recopilacion de Leyes de los Reynos de las Indias. Libro IV, Titulo V, Ley VI Ordenanza 
del Key Don Felipe II.] 

Ley VI. — Que la capitulation para Villa de Alcaldes ordinarios, y Regidores, 
se haga conforme a esta ley. 

Si la disposition de la tierra diere lugar para poblar alguna Villa de Espan- 
oles, con Concejo de Alcaldes ordinarios, y Regidores, y huviere persona que 
tome assiento para poblar] a, se haga la capitulation con estas calidades : Que 
dentro del termino, que le fuere sefialado, por lo menos tenga treinta vecinos, 
y cada uno de ellos una casa, diez bacas de vientre, quatro bueyes, 6 dos bueyes, 
y dos novillos, una yegua de vientre, una puerca de vientre, veinte ovejas* de 
vientre de Castilla, y seis gallinas, y un gallo : assimismo nombrara un CJerigo, 
que administre los Santos Sacramentos, que la primera vez sera a su election, y 
las demas conforme a nuestro Real Patronazgo ; y proveera la Iglesia de orna- 
mentos, y cosas necessarias al culto Divino, y dara fianzas, que lo cumplira 
dentro del diclio tiempo ; y si no lo cumpliere, pierda la que huviere edificado, 
labrado y grangeado, que aplicamos a nuestro Real Patrifnonio, y mas incurra 
en pena de mil pesos de oro para nuestra Camara ; y si cumpliere su obligation, 
se le den quatro leguas de termino y territorio en quadro, 6 prolongado, segun 
la calidad de la tierra, de forma que si se deslindare, sean las quatro leguas en 
quadro, con calidad de que por lo menos disten los limites del dicho territorio 
cinco leguas de qualquiera Ciudad, Villa, 6 Lugar de p]spanoles, que antes estu- 
viere poblado, y no haga perjuicio a ningun Pueblo de Indios, ni de persona 
particular. 

[TRANSLATION. ] 

Law VI. — The conditions for a town of Alcaldes with the ordinary jurisdiction 
and Councilmen (Regidores) shall be agreeably to this law. 

If the nature of the tract of land allow of the settlement of some town 
(villa) of Spaniards with a Council of Alcaldes of the ordinary jurisdiction 
and Councilmen (regidores), and there be some person who undertake by con- 
tract to settle it, let the agreement be made under these conditions : That 
within the period of time which may be assigned to him he must have at 
least thirty settlers, each one provided with a house, ten breeding cows, four 
oxen, or two oxen and two steers, one brood mare, one breeding sow, twenty 
breeding ewes of the Castilian breed, and six hens and one cock ; he shall 
also appoint a priest to administer the Holy Sacraments ; the first time he 
shall select him, but afterwards the appointment shall be subject to our Royal 
1* 



2 ADDENDA, NOS. I, II, III. 

Patronage ; and lie shall provide the Church with ornaments and the things 
necessary for Divine Worship ; and shall give bonds for the performance of all 
this within the time agreed upon ; and if he should not comply with his obliga- 
tion he will lose whatever he may have constructed, wrought, or garnered, to be 
applied to our Royal Patrimony, and will furthermore incur the penalty of one 
thousand pounds of gold for our treasury ; and if he should comply with his 
obligation, there shall be given to him four leagues of extent and territory in a 
square or prolonged form according to the character of the land, in such manner 
that if surveyed, there shall be the four leagues in a square, with the condition 
that the limits of said territory shall be distant at least five leagues from any 
city, town, or village of Spaniards previously founded, and that there shall be 
no "prejudice to any Indian town or private person. 



No. II. 

[Recopilacion de leyes de los Reynos de las Indias, Libro IV, Titulo V, Ley X.] 

Ley X. — Que no haviendo poblador particular, sino vicinos casados, se les conceda 
el poblar, como no scan menos de diez. 

Quando algunas personas particulars se concordaren en hacer nueva pobla- 
cion, y huviere numero de hombres casados para el efecto, se les de licencia, con 
que no scan menos de diez casados, y deseles termino y territorio al respeto de 
lo que esta dicho, y les concedemos facultad para elegir entre si mismos Alcal- 
des ordinarios, y Oficirles del Concejo annales. 

[TRANSL ATION. ] 

,-' 

Law X. — If there should be no private contractor for a settlement, but only 
individual citizens who are married men, let them have leave to found a settle- 
ment, provided they are not less than ten. 

When private individuals shall agree to form a new settlement, and for that 
purpose there shall be a number of married men, let leave be granted to them, 
provided they be not fewer than ten married men ; let there be given them 
extent of land and territory according to what has been heretofore provided 
(al respeto a lo que esta dicho) , and we grant them power to elect among them- 
selves Alcaldes with the usual jurisdiction and annual officers of the Council. 



No. III. 

[See California Archives, Vol. I, Missions and Colonization, page 812; 1 Rockwell, 444, 
Halleck; Rep. Ex. Doc. No. 17, 1st Sess. 31st Cong., H. of R., page 133.] 

Extracts from " the instructions to be observed by the Commandant appointed to 
the new establishments of San Diego and Monterey," given by El. Bailie 
Friar Don Antonio Bucareli y Urusu, dated Mexico, 11th August, 1773. 

Article 2. The confusion which has reigned in the accounts, and the want 
of order which I have observed in everything else, have compelled me to estab- 
lish this new method, and to appoint Captain Don Fernando Eivera y Moncada 
commandant of San Diego and Monterey, because I am well informed of his 
good conduct or manner of proceeding, and of his knowledge of the new estab- 



ADDENDA, NOS. Ill, IV. 3 

lishments, acquired in the employments and offices which he has therein obtained 
and in the presidios of California for many years. 

Article 12. With the desire to establish population more speedily in the 
new establishments, I for the present grant the commandant the power to desig- 
nate common lands, and also even to distribute lands in private to such Indians 
as may most dedicate themselves to agriculture and the breeding of cattle, for 
having property of their own, the love of it will cause them to radicate them- 
selves more firmly ; but the commandant must bear in mind that it is very 
desirable not to allow them to live dispersed — each one on the lands given to 
them — but that they must necessarily have their house and habitation in the 
town or mission where they have been established or settled. 

Article 13. I grant the same faculty to the commandant with respect to 
distributing lands to the other founders (pobladores) according to their merit 
and means of labor — they also living in the town (pueblo) and not dispersed, 
declaring that in the practice of what is prescribed in this article and the pre- 
ceding 12th, he must act in every respect in conformity with the provisions 
made in the collection of the laws respecting newly-acquired countries and 
towns, (rcducciones y poblacibnes,) granting them legal titles for the owner's pro- 
tection without exacting any remuneration for it or for the act of possession. 

Article 14. The commandant must be carefully attentive that the founders 
who go to the new establishments have the requisite arms for their defense, and 
for assisting the garrisons of the presidios or missions in case of necessity, 
binding them to this obligation as a thing necessary for their own safety and 
that of all their neighbors. 

Article 15. When it becomes expedient to change any mission into a 
pueblo, the commandant will proceed to reduce it to the civil and economical 
government which, according to the laws, is observed in the other pueblos of 
this kingdom, giving it a name, and declaring for its patron the saint under 
whose auspices and venerable protection the mission was founded. 



No. IV. 

[See California Archives, Vol.1, Missions and Colonization .^ pages 732, 762, (also 746); 1 
Eockwcll, 445; Halleck's Report, Ex. Doc. No. 17, 1st Sess. 31st Cong. H. of Kep., pages 
134-139] 

Extract from the regulations for the government of the province of California, 
by Bon Felipe De Neve, Governor of the same, dated in the royal presidio of 
San Carlos de Monterey, 1st June, 1779, and approved by his Majesty in a 
royal order of the 1Uh October, 1781. 

title the fourteenth. — political government, and instructions respect- 
ing COLONIZATION. 

$ 1st. The object of greatest importance towards the fulfillment of the pious 
intentions of the King, our master, and towards securing to his Majesty the 
dominion of the extensive country which occupies a space of more than two 
hundred leagues, comprehending the new establishment of the presidios, and the 
respective ports of San Diego, Monterey, and San Francisco, being to forward 
the reduction of, and as far as possible to make this vast country (which, with 
the exception of seventeen hundred and forty-nine Christians of both sexes in 
the eight missions on the road which leads from the first to the last named pre- 
sidio, is inhabited by innumerable heathens) useful to the State, by erecting 
pueblos of white people, (pueblos de gente de razon) who, being united, may 
encourage agriculture, planting, the breeding of cattle, and successively the 



4 ADDENDA, NO. IV. 

other branches of industry ; so that some years hence their produce may be 
sufficient to provide garrisons of the presidios with provisions and horses, 
thereby obviating the distance of transportation and the risks and losses which 
the royal government suffers thereby. With this just idea, the pueblo of San 
Jose has been founded and peopled ; and the erection of another is determined 
upon, in which the colonists (pobladores) and their families, from the provinces 
of Sonora and Sinaloa, will establish themselves, the progressive augmentation 
of which, and of the families of the troops, will provide for the establishment 
of other towns, and furnish recruits for the presidio companies, thus freeing the 
royal revenue from the indispensable expenses at present required for these pur- 
poses ; and it being necessary to establish rules for carrying all this into effect, 
the following instructions will be observed : 

§ 2d. As an equivalent for the $120 and rations, which hitherto have been 
assigned yearly to each poblador (founder or colonist) for the first two years, 
and the rations alone for the following one, calculated at a real and a half per 
diem, free, for the three following ones, they will hereafter receive for each of 
the first two years $116 and 3% reals, the rations to be understood as compre- 
hended in this amount : and in lieu of rations for the next three years, they 
will receive $60 yearly, by which arrangement they will be placed on more 
favorable terms than formerly, taking into consideration the advance that was 
charged on what they were paid with, and the discount on the rations fur- 
nished, which article they will in future receive at cost from the moment that 
these regulations be approved and declared to be in force, it being understood 
that the forementioned term of five years, as regards this emolument, is to be 
reckoned from the day on which the possession of the house-lots and pieces of 
[cultivable] land, (solares y suertes de tierras,) which are to be distributed to each 
poblador in the manner hereafter mentioned, to be given ; and the previous time, 
from the period of their enrolment, must be regulated according to the terms of 
their respective contracts, and, in order to avoid this expense, measures will be 
taken to have the new pobladores collocated, and put into possession imme- 
diately on their arrival. 

§ 3d. To each poblador, and to the community (comun) of the pueblo, there 
shall be given, under condition of repayment in horses and mules fit to be given 
and received, and in the payment of the other large and small cattle, at the just 
prices which are to be fixed by tariff, and of the tools and implements at cost 
as it is ordained, two mares, two cows and one calf, two sheep and two goats, 
all breeding animals, and one yoke of oxen or steers, one plow-share or point, 
one hoe, one coa, (a kind of wooden spade with a steel point,) one axe and one 
sickle, one wood-knife, one musket and one leather-shield, two horses and one 
cargo mule. To the community (comun) there shall likewise be given the 
males corresponding to the total number of cattle of different kinds distributed 
amongst all the inhabitants, one seed jackass, another common one, and three 
she asses, one boar and three sows, one forge, with its corresponding anvil and 
other necessary tools, six crowbars, six iron spades or shovels, and the necessary 
tools for carpenter and cast work. 

§ 4th. The house-lots to be granted to the new pobladores are to be desig- 
nated by government in the situations, and of the extent, corresponding to the 
locality on which the new pueblos are to be established, so that a square and 
streets be formed agreeable to the provisions of the laws of the kingdom ; 
(conforme a lo prevenido por Jos Leyes del Reyno, y con su arreglo se senalara 
exido competente para el Pueblo, y Dehesas con les tierras de labor que con- 
venga para propios) ; and conformable to the same, competent common lands 
(egidos) shall be designated for the pueblo, and pasture grounds, with the sow- 
ing lands that may be necessary for municipal purposes (propios). 

\ 5th. Each suerte of land, whether capable of irrigation or dependent on 
the seasons, (de riego de temporale,) shall consist of two hundred varas in 



ADDENDA, NO. IV. 5 

length and two hundred in breadth, this being the area generally occupied in 
the sowing of one fanega of Indian corn. The distribution which is to be made 
in the name of the King, our master, by the government, with equality, and a 
proportion to the ground which admits the benefit of being watered, so that 
after making the necessary demarcation and reserving vacant [baldios] the fourth 
part of the number which may result, counting with the number of pobladores, 
should there be sufficient, each one shall have two suertes of irrigable land, and 
other two of dry ground, delivered to him, and of the royal lands (realengas) as 
many as may be considered necessary [convenieutes] shall be separated for the 
propios of the pueblo, (and of those lots of land reserved for the King, [realengas] 
as many as shall be considered necessary, etc. See note at end of § 18, page 8). 
And the remainder of these, as well as of the house-lots, shall be granted in the 
name of his Majesty, by the governor, to those who may hereafter come to 
colonize, and particularly to those soldiers who, having fulfilled the term of their 
engagement, or on account of advanced age may have retired from service, and 
likewise to the families of those who may die ; but these persons must work at 
their own expense, out of the funds which each of them ought to possess, and 
will not be entitled to receive from the royal revenue either salary, rations, or 
cattle, this privilege being limited to those who leave their own country for the 
purpose of settling this country. 

$ 6th. The houses built on the lots granted and designated to the new pobla- 
dores, and the parcels of land comprehended in their respective gifts, shall be 
perpetually hereditary to their sons and descendants, or to their daughters who 
marry useful colonists who have received no grants of land for themselves, pro- 
vided the whole of them comply with the obligations to be expressed in these 
instructions ; and in order that the sons of the possessors of these gifts observe 
the obedience and respect which they owe to their parents, these shall be freely 
authorized, in case of having two or more sons, to choose which of them they 
please, being a layman, to succeed to the house and suertes of the town ; and 
they may likewise dispose of them amongst their children, but not so as to 
divide a single suerte, because each and all of these are to remain indivisible 
and inalienable forever. 

$ 7th. Neither can the pobladores, nor their heirs, impose on the house or 
parcel of land granted to them, either tax, entail, reversion, mortgage, (cento, 
vinculo, fianza, liipoteca,) or any other burden, although [even if] it be for pious 
purposes ; and should any one do so in violation of this just prohibition, he shall 
irremediably be deprived of his property, and his grant shall ipso facto be giveu 
to another colonist who may be useful and obedient. 

g 8th. The new colonists shall enjoy, for the purpose of maintaining their 
cattle, the common privilege of the water and pasturage, fire-wood and timber, 
of the common forest aud pasture lands, to be designated according to law to 
each new pueblo ; (aprovechamiento comun de aguas y pastos, leiia y madera 
del exido y Dehesa que ha de senalarse con arreglo a las Leyes a cada neuvo 
pueblo) and besides, each one shall privately enjoy the pasture of his own land, 
but with the condition that as they have to possess and breed all kinds of large 
and small cattle, and it not being possible that each one can dedicate himself to 
the taking care of the small " stock consigned to them — as by so doing they 
would be unable to attend to agriculture and the public works — for the present, 
the small cattle, and the sheep and goats of the community, must feed together, 
and the shepherd must be paid by such community ; and with respect to col- 
lecting together the large cattle, and bringing them to the corral, such as mares 
and asses, as may be required, this must be done by two of the pobladores, 
whom they must appoint amongst themselves, or as they may see fit, to look 
after this business, and thus the cattle of different kinds will be taken care of, 
and freed from the risk of running wild, at the same time that agricultural and 
other works of the community will be attended to ; and each individual must 



6 ADDENDA, NO. IV. 



take care to mark their respective small cattle and brand the large, for which 
purpose the records of the necessary branding irons will be made without any 
charge ; but it is ordained that henceforth no colonist is to possess more than 
fifty head of the same kind of cattle, so that the utility produced by cattle be 
distributed amongst the whole of them, and that the true riches of the pueblo 
be not monopolized by a few inhabitants. 

g 9th. The new colonists shall be free and exempt from paying tithes, or any 
other tax, on the fruits and produce of the lands and cattle given to them, pro- 
vided that within a year from the day on which the house-lots and parcels of 
land be designated to them, they build a house in the best way they can, and 
live therein, upon the necessary trenches for watering their lands, placing at 
their boundaries, instead of landmarks, some fruit trees, or wild ones of some 
utility, at the rate of ten to each suerte ; and likewise open the principal drain 
or trench, form a dam, and the other necessary public works, for the benefit of 
cultivation, which the community is bound particularly to attend to ; and said 
community will see that the government buildings (casas reales) be completed 
within the fourth year, and. during the third a storehouse sufficiently capacious 
for a public granary, in which must be kept the produce of the public sowing, 
which at the rate of one almud (the twelfth of a fanega) of Indian corn per 
inhabitant, must be made from said third year to the fifth, inclusive, in the lands 
designated for municipal purposes, (propios) all the labor of which, until har- 
vesting the crop and putting it in the granary, must be doue by the community, 
(comun) for whose benefit alone it must serve ; and for the management and 
augmentation thereof, the necessary laws to be observed will, in due time be 
made. 

g 10th. After the expiration of the five years they will pay the tithes to his 
Majesty, for him to dispose of agreeably to his royal pleasure, as belonging 
solely to him, not only on account of the absolute royal patronage which he 
possesses in these dominions, but also because they are the produce of unculti- 
vated and abandoned lands which are about to become, fruitful at the cost of 
the large outlays and expenses of the royal treasury. At the expiration of the 
said term of five years, the new pobladores and their descendants will pay, in 
acknowledgment of the direct and supreme dominion which belongs to the sov- 
ereign, one-half of a fanega of Indian corn for each irrigable suerte of land, 
and for their own benefit they shall be collectively under the direct obligation of 
attending to the repair of the principal trench, dam, auxiliary drains, and other 
public works of their pueblos, including that of the church. 

I 11th. When the hogs and asses shall have multiplied, and the sufficient num- 
ber of seed asses for covering the mares become adopted, and it be found prac- 
ticable to distribute these two kinds of animals amongst the pobladores, it must 
be done with all possible equality, so that of the first kind each one may receive 
one boar and one sow, and of the second one ass, which the owner will mark 
and brand. 

\ 12 th. Within the five years stipulated, the new pobladores shall be obliged 
to possess two yoke of oxen, two plows, two points or plow-shares for tilling 
the ground, two hoes, and the other necessary implements for agriculture ; and 
by the end of the first three years their houses must be entirely finished, and 
furnished each with six hens and one cock ; and it is expressly forbidden that 
any one shall, during the forementioned period of five years, alienate by means 
of exchange, sale, or other pretext, to kill any of the cattle granted to them, or 
the respective increase thereof, excepting sheep and goats, which, at the end of 
four years, it is necessary to dispose of, or else they would die ; and therefore 
they may, at their discretion, dispose of as many of these animals as arrive at 
that age, but not of any younger ones, under the penalty that whoever shall 
violate this order, made for his own benefit and for the increase of his prosper- 
ity, shall forfeit ipso facto the amount of the rations granted to him for one 



ADDENDA, NO. IV. 7 

year ; and whoever shall receive one more head of such cattle during the same 
time, in whatever state or condition they may be, shall be obliged to return 
them. 

§ 13th. At the expiration of said five years, the female breeding animals of 
every kind, excepting swine and asses, of which each poblador is only obliged 
to possess one sow and one ass, male or female, being preserved ; the yokes of 
oxen or steers designated for their agricultural purposes being provided, and 
they being furnished with a cargo-mule, and necessary horses, they shall be at 
liberty to sell their bulls, steers, foals or horses, asses, sheep, castrated goats, and 
pigs and sows ; it being forbidden to kill cows, (except old or barren, and con- 
sequently unproductive ones,) sheep or she-goats, which are not above three 
years old, and to sell mares or useful breeding females, until each poblador be 
possessed of fifteen mares and one stallion, fifteen cows and one bull, twelve 
sheep and one ram, and ten she-goats with one buck. 

§ 14th. No poblador or resident shall sell a foal horse or mule, or exchange 
them, except amongst each other, after they are provided with the necessary 
number, for the remainder must be dedicated solely to the purpose of remount- 
ing cavalry of the presidio troops, and will be paid for at the just prices to be 
established, excepting all particularly fine horses or mules of said pueblos, under 
the penalty of twenty dollars, to be forfeited by whomsoever may violate this 
order. For every animal disposed of in any other manner than what is here 
stipulated, the half to be given to the informer, and the other half to be applied 
to municipal expenses, (gastos de republica). 

I 15th. The Indian corn, beans, chick-peas, and lentils, produced by the 
pueblo, (que produzcan las cosechas de los pueblos) after the residents have 
separated what may be necessary for their own subsistence aud for seed, must 
be bought and paid for in ready money at the prices established, or which may 
hereafter be established for provisioning the presidio, and from the amount of 
the same there must be deducted from the amount of each poblador such provi- 
dent sums as may be considered proper towards refunding the royal revenue the 
advances made in money, horses, cattle, implements, seeds, and other articles, so 
that within the first five years the total amount must be paid. 

§ 16th. Each poblador and resident head of a family (vecino) to whom 
house-lots or parcels of land may have been, or in future shall be granted, and 
their successors, shall be obliged to hold themselves equipped with two horses, a 
saddle complete, a musket, and the other arms already mentioned, which are to be 
furnished them at first cost, for the defense of their respective districts, and in 
order that they may (without abandoning this first obligation) repair to where 
the governor may, in cases of urgency, order them. 

\ 17th. The corresponding titles to house-lots, lands and waters, granted to 
the new pobladors, or which may hereafter be granted to other residents, 
(vecinos) shall be made out by the governor, or commissary whom he may 
appoint for this purpose, records of which, and of the respective branding irons, 
must be kept in the general book of colonization, to be made and kept in the 
government archives, as a heading to which a copy of these instructions shall 
be placed. 

\ 18th. And whereas it is expedient for the good government and police of 
the pueblos, the administration of justice, the direction of public works, the 
distribution of water privileges, and the carrying into effect the orders given in 
these instructions, they should be furnished with ordinary alcaldes and other 
municipal officers, in proportion to the number of inhabitants, the governor 
shall appoint such for the first two years, and for the following ones, they shall 
appoint some one from amongst themselves to the municipal offices (los oficios 
de republica) which may have been established, which elections are to be for- 
warded to the governor for his approbation, who, if he sees fit, may continue 
said appointment for the three following years. 



8 ADDENDA, NOS. IV, V. 

Note to § 5.— A defective translation in sec. 5 has produced some confusion. The word 
"realengas — lands belonging to the King," is translated so obscurely that it seems to 
include all the lands adjacent to the pueblo and not specifically granted. This is not the 
case. The provision is that one-fourth of the house-lots and sowing lots (solares y suertes) 
shall be reserved to the King, and the lots so reserved to the King, (realengas) shall be 
assigned as propios or granted to new settlers. The original Spanish reads as follows: 
" reservando valdias la quarta parte del numero que resulte, contando con el numero de 
Pobladores, si alcanzasen, se repartiran a dos suertes a cada uno de regadio, y otros dos de 
secadal, y de las realengas se separaran las que parecieren convenientes para propios del 
Pueblo, y de las restantes se hara merced," etc. There is no colon between " secadal" and 
" y de las realengas," as there is in the translation from Rockwell. Precisely the same lan- 
guage, with the same punctuation, occurs in the Instructions for the foundation of the 
"Pueblo de nuestra Senora de los Angeles," dated August 26th, 1778, and found in the 
Archives, vol. I, Missions and Colonization, page 418. Realengas, therefore, refers to the 
solares and suertes so reserved, and to no other lands. 

That this is so, clearly appears from the official plan of the pueblo of San Jose, adopted 
at its settlement, where three lots are marked Realengo. — California Archives, Vol. I, Mis- 
sions and Colonization, page 684. 



No. V. 

Exhibit " A " in the Case. 



[From California Archives, Vol. I, Provincial Records, pages 10, etc.] 
April 15th, 1778. 

ESTABLISHMENT OF THE PUEBLOS OF SAN JOSE AND LOS 

ANGELES. 

Governor to Viceroy. 

Most Excellent Senor : — Desiring to give due fulfillment to the Superior 
orders of Your Excellency, notwithstanding the proposition I made in my com- 
munication of the of June of the last year, in relation to the steps that 

could be taken for the improvements of these establishments, founding two 
Pueblos on the rivers Guadalupe and Pftrcincular, they being the best localities 
on account of the fertility of the soil and the abundance of water for irrigation, 
in consideration of the delay that must occur in the arrival of the settlers with 
their families, that I have asked Your Excellency to furnish to perform the 
duties of laborers, and the importance of losing no time in an enterprise so im- 
portant, which, if carried out, will in a short time avoid the necessity of trans- 
porting grain from San Bias, and in the meantime will cause the arrival or non- 
arrival of a vessel not to be a matter of life and death : for these reasons I 
resolved to withdraw nine soldiers (skillful laborers) from the Company of this 
Presidio and that of San Francisco, to which I added two recruits as settlers, 
which with the three already on hand, completed the number of fourteen resi- 
dents (vecinos), which with their families comprise the number of sixty-six 
individuals, with which I founded the Pueblo of San Jose de Galvez on the 
29th day of November last, near the head of the River Guadalupe, distant 26 
leagues from this Presidio, 16 from that of San Francisco, and three-quarters 
of a league from the Mission of Santa Clara. 

To each settler, besides the solares on which they have constructed their 
houses, lands have been distributed for cultivation, with horses, flocks of all 
kinds, and utensils, as set forth in the accompanying list. 
1 Prov. Rec. 20. 



ADDENDA, NO. VI. 9 

( No. VI. 

[California Archives, volume I, Missions and Colonizations, page 809 ; Land Commission 
Exhibits in Limantour's Cases, Exhibit O, page 59.] 

Exhibit " Y " in the Case. 

Honble. Commandant General. In the instructions which treat of the Polit- 
ical Government and Population of California, and are found inserted in Title 
14 of the Regulation of that Peninsula, approved by His Majesty in a royal 
order of the 24th Oct. 1781, it is directed by Art. 8 that the new settlers shall 
enjoy, for the maintenance of their stock, the common advantage of waters and 
pastures, wood and timber of the commons, [exido] forests, and pasture grounds, 
[dehesas] which in compliance with the laws are to be marked out for every 
" Pueblo," and that besides each individual shall privately enjoy the pastures of 
his own lands, with the warning that each settler hereafter, will not exceed 
fifty head of cattle of each kind in his possession, so that in this manner the use- 
fulness resulting from the stock may be distributed among all, and the true 
wealth of the Pueblos not confined in a few residents. 

By the 5th law and the consecutive ones of tit. 17, lib. 4, of the " Recopilacion " 
for these territories, it is commanded that the use of the grazing lands [pastos], 
woods and waters of the Provinces of the Indies be common to all the resi- 
dents thereof, that they may enjoy them fre'ely with their cattle, revoking when 
necessary whatsoever ordinances there might exist, this provision to apply not 
only to the woods, pastures, and water of the " Seignories," (Lugares de Senor- 
ios) conceded in these territories, but also to lands and cultivated property, sold 
and granted, whereon, after the harvest, the pastures remain for common benefit. 

The alloting of tracts of land (sitios) for cattle, which some settlers in Cali- 
fornia claim, and the Governor proposes in his official communication of the 
20th November, 1784, cannot, nor ought not to be made to them within the 
boundaries assigned to each Pueblo, which in conformity with the law 6, tit. 5, 
lib. 4, of the " Recopilacion," must [deben ser] be four leagues of land in a square or 
oblong body, according to the nature of the ground, because the petition of the 
new settlers would tend to make them private owners of the forests, pastures, 
water, timber, wood and other advantages of the lands which may be assigned, 
granted, and distributed to them, and to deprive their neighbors of these bene- 
fits, it is seen at once that their claim is entirely contrary to the directions of 
the aforementioned laws, and the express provision in art. 8, of the Instructions 
for Settlements (Poblaciones) in the Californias, according to which all the 
waters, pastures, wood, and timber, within the limits which in conformity to 
law may be allotted to each Pueblo, must be for the common advantage, so that 
all the new settlers may enjoy and partake of them, maintaining thereon their 
cattle and participating of the other benefits that might be produced. 

By the law 1st, and consecutive ones to the 13th, tit. 12, of the same book 4, 
the distribution and alloting of Peonias, Cavalerias and Sitios, for tracts " de 
Ganados Mayores y Menores," is permitted, provided they be given far from 
the Indian villages and their cultivated fields, obliging the owners to keep as 
many shepherds and cattle keepers as shall be sufficient to prevent such dam- 
ages as the cattle might commit, and to satisfy for that which they might cause 
them, and the concession of the said lands being very useful for the protection 
of the population in California, where owing to the extent of land and the 
abundance of its pastures there are means of carrying it into effect without 
prejudice to the Indians, nor to a third party, and where, through the want of 
active commerce and of consumption and export of the other produce, the 
greater wealth of the Pueblos must necessarily consist in the rearing and the 



10 ADDENDA, NO. VI. 

increase of cattle ; for these reasons it seems to me your honor can, if you 
please, decree and command that an order be issued to the Governor of the 
Californias, Don Pedro Fages, to the effect that alloting at once to each new 
" Poblacion " the extent of the four leagues belonging thereto, he may measure 
and mark them out in a square or prolonged body, as the nature of the ground 
will admit, and that he do not concede within it, nor grant nor distribute any 
portion whatsoever for farms or for the rearing of cattle to any resident or set- 
tler ; the woods, pastures, waters, and other benefits and advantages to be left 
in common for all the residents and settlers, without any of them exercising 
dominion, nor own private property thereon. And that in the other lands, out- 
side of the said limits and of the district assigned to each Pueblo, and at such 
a distance that there cannot result any injury to the Missions, Pueblos, Ranch- 
erias (Indian villages) nor to their fields, he do grant and distribute " sitios" for 
farms, and tracts for rearing cattle, with the express condition that the residents 
and settlers to whom he may grant them, shall obligate themselves to put as 
many shepherds and cattle keepers as will be sufficient to prevent damages, aud 
to satisfy the amount which in any event might happen, and (with the condi- 
tion) that no resident or settler shall have more than three " sitios " tracts, and 
be obliged to build in each one a stone house, to have thereon two thousand 
head of cattle at least, and that notwithstanding his grant and concession, the 
pastures shall remain for the common advantage, and that where there are no 
(herds of ) cattle, " sitios " may be given for sugar plantations and other here- 
ditaments, according as is directed tjy the laws 12, tit. 12, as in reference to His- 
paniola Island. And in law 5, tit. 17, lib. 4, of the " Recopilacion " for these 
territories, which conditions and laws will be inserted in an express clause in 
the deeds of grants that may be made ; that as evidence for the residents and 
settlers who may obtain the same, they may comprehend their obligations, to 
the fulfilment of which they shall be obliged, and that they may not have any 
just motive, nor pretext, to allege any right against it hereafter, or else your 
honor will resolve what may suit your pleasure notwithstanding. 
Chihuahua, 27th Oct. 1785. 

GALINDO NAYARRO. 

A copy according to the original, which I certify. 

Chihuahua, 21st June, 1786. 

(Signed) PEDRO GARRIDO Y DURAN. 



I transmit to you the inclosed opinion of the attorney of this Comandancy 
of the 27th October last year, upon the subject of marking out the lands which 
some individuals of that province asked, as you reported in your representation 
No. 204, of the 20th Nov. '84, that you may proceed to grant them agreeably 
to the requirements of said officer (ministro). 

The Lord preserve you many years. 

Chihuahua, 21st June, 1786. 

(Signed) JACOBO UGARTB y LOYOLA. 

S or Don Pedro Fages. 



ADDENDA, NO. VII. 11 



I No. VII. 

[California Archives, Volume I, Missions and Colonization, pages 853, etc. Land Commis- 
sion Exhibits in Limantour's Cases, Exhibit O, pages 06, etc.] 

PLAN OF PITIC. 

TRANSLATION. — EXHIBIT Z Z IN THE CASE. 
No. 313. 

Instructions approved by His Majesty, and made for the establishing of the 
new town of Pitic, in the Province of Sonora, ordered to be adopted by the 
other new projected settlements (Poblaciones) and by those that may be estab- 
lished in the district of this General " Oomandancia." 

1st. Although by the law 6th, title 8th, book 4th, the Viceroys, Supreme 
Courts (Audiencias) and Governors, are prohibited from granting titles for 
cities or towns, or from exempting from their principal capitals the settlements 
(pueblos) of Spaniards or Indians, this decree is limited to those that may have 
already been established ; therefore, as to the new towns and settlements, it is 
provided that they observe what is decreed in reference to the other laws on the 
subject, and as the law 2d, title 7th of the same book decrees : that the land, 
province, and place in which a new settlement (poblacion) shall be made, being 
chosen, and the convenience and advantages resulting therefrom being inquired 
into, the Governor, whose district it may be or to which it may be confined, 
shall determine whether it shall be a city, town, or village, and that in conform- 
ity with that which he shall decide, shall be formed the council, the government, 
and its officers, in using of this power, bearing in mind the extent of the place 
selected and the advantages offered by its lands, fertilizing through the benefit 
of irrigation by means of the large canal constructed for that purpose, your 
honor may declare the new settlement to be a town, designating to it the name 
it is to have and use for its distinction and recognition. 

2d. In conformity with the decree of the law 6th, title 5th, of the same book 
4th, relative to the towns of Spaniards that may be founded' by agreement or 
contract, and first in relation to those which for want of contractors shall be 
erected by private settlers (Pobladores) who may establish themselve's and agree 
to found them, there may be granted to the town in question four leagues of 
bounds or territory in a square or in length, (que se fundaren y concordaren 
enformarlas se podra conceder a la de que se exara quatro leguas cletermino 6 
territorio en quadro 6 prolongado) as shall be adapted to the better location of 
the laud that shall be selected or marked out so that its true boundaries shall 
be known, wherein there can be no inconvenience, and inasmuch as it is distant 
more than five leagues from any other town, city, or village of Spaniards, there 
shall not result injury to any private individual, nor to any " pueblo " of In- 
dians, on account of that (the village) " de los Seris " remaining within the 
demarcation as part or suburb of the new settlement, subject to its jurisdiction, 
and with the advantage of enjoying as neighbors the same benefits public and 
common that the settlers may have, and of which at present those same natives 
are wanting, owing to their indolence, their default of application, and of intel- 
ligence, reserving to them the faculty of choosing their " Alcaldes and Regi- 
dores," with the jurisdiction, economy, and other circumstances prescribed by 
the laws 15 and 16, title 5, book 6: 

3d. The Presidio of San Miguel de Orcavitas having been removed to the 
locality of Pitic, so that under its protection and guard may be founded the 
new settlement, conformably to the decree in the articles 1 and 2, title 11, of 
the new regulation of Presidios of the 10th of September, 1772, and in the 
50th article of the old Regulation of the Sor Viceroy Marquis de Casafuerte 



I 



12 ADDENDA, NO. VII. 

of the 20th of April, 1729, which by Royal order of 15th of May, 1779, is 
ordered to be observed, the Political Government and the Royal jurisdiction, 
ordinary, civil, and criminal in first instance of the new settlement, belonged to 
its captain or commandant, who were to exercise the same in the interim of the 
Presidio being established in that place, with the appeals to the Royal Supreme 
Court (Audiencia) of the District, but your honor having resolved that the 
company be considered as detached in the new settlement, and consequently 
that the use and exercise of the Royal jurisdiction remaineth in charge of the 
Political Governor of the province of the Alcalde, Mayor, or Lieutenant that 
you may name, it is necessary that the selection for this office should fall upon 
one of sufficient instruction and knowledge to promote the advancement of the 
new settlement, to make the distributions of houses, building lots (solares) and 
water privileges, and to observe with precision the articles of these instructions 
and the other orders that may successively be communicated to you. 

4th. For your better rule of conduct and government, in conformity with the 
decree in the laws 10, tit. 15 ; 2 and 19, titles 7th; 1st, 2d and 3d ; tit. 10, book 
4, de la Recopilacion, immediately after the number of settlers, shall count thirty 
residents, there shall be established a council (cabildo) or ayuntamiento, com- 
posed of two ordinary alcaldes, six "regidores," one prosecuting (syndico) at- 
torney of the community, and one " mayordomo de propios," to whose charge 
shall devolve the economical management, the care of provisioning (abastos) 
and of the cleanliness aud police of the new settlement, the mentioned electors 
being elected the first time by all the residents, and thereafter by the members 
(vocales) of the Ayuntamiento, in conformity with the decree of the laws on 
that subject, and the elections shall be returned annually to the Political Gov- 
ernor of the Province, so that in virtue of his approbation the officers elected 
may take possession and enter upon the discharge of their respective offices. 

5th. The two ordinary alcaldes shall also, by way of precaution, and jointly 
with the first alcalde or commissioner, exercise the royal jurisdiction, ordinary; 
civil, and criminal in the first instance, subject to the appeals to the Royal 
Supreme Court, to the Governor, or to the Ayuntamiento, in the cases wherein 
they correspond to each and every one, by the laws of the kingdom, as pre- 
scribed in the first and following title 3d, book 5th. 

6th. The tract of four leagues granted to the new settlement being measured 
and marked out (demarcado y amojonado que sea el terreno de cuatro leguas 
concedido a la nueva poblacion) its pastures, woods, water privileges, hunting, 
fishery, stone quarries, fruit trees, and other privileges, shall be for the common 
benefit of the Spaniards and Indians residing therein, and in its suburb or vil- 
lage, " de los Seris," (y en su razzia 6 Aldea de los Seris) as shall also be the 
pastures of the lands and estates (heredades), the grain sowed therein being 
harvested, as directed by the laws 5th aud following title 17th, book 4th, de la 
Recopilacion. 

7th. The residents and natives shall enjoy equally the woods, pastures, water 
privileges, aud other advantages of the royal and vacant lands that may be out- 
side of the land assigned to the new settlement, in common with the residents and 
natives of the adjoining and neighboring pueblos, which bounty and privilege 
shall continue as long as they are not changed or altered by His Majesty, in 
which case they shall conform to that which has been provided in the Royal 
orders that may be issued in favor of the new possessors or owners (proprie- 
tarios) . 

8th. The place which has been considered more appropriate to locate the 
new settlement, having been selected and marked out, the commissioner shall 
superintend its establishment ; all the houses and other buildings thereof, which 
shall successively be constructed, shall conform to the sketch or plan made by 
the extraordinary engineer, Don Manuel Mascaro, which, in order that it be 
taken in consideration, shall be annexed and made a guide to these instructions 



ADDENDA, NO. VII. 13 

and municipal ordinance, according to which plan the streets shall run in a 
straight line most suitable to facilitate the traffic and communication of the 
citizens and settlers, and their regularity and symmetry contributing to embel- 
lish the settlement, its cleanliness and health "to the benefit of those that they 
may fix themselves therein. 

9th. The space of ground that every block shall comprise being marked out 
in the plan or sketch, and as it is not easy to determine the building lot (solar) 
that will be sufficient for every resident settler, on account of the inequality 
that may exist between the families, and the means of those who may conclude 
to become so, to the prudent arbitration of the commissioner is left the power 
of granting to them the building varas, which according to their families, 
wealth, and other just considerations, he shall deem each one might need, culti- 
vate, and build upon ; for which purpose, and so that all may possess that 
which may be corresponding to their means, there can be distributed to them a 
block, half of a fourth, or eighth portion, which are the divisions most suitable 
to carry out the object of making uniform, as far as possible, the buildings of 
the settlement. 

10th. So as to avoid difficulties which the voluntary marking out of lots 
might occasion, owing to the preference or ameliorations of the one over the h 
other, the distribution shall be made between the first settlers casting lots as \ 
prescribed in the law ll, title 7th, book 4th, de la Recopilacion. 

11th. The extraordinary engineer, Don Manuel de Mascaro, having marked 
out the place in which the new settlement shall be located, there shall be left 
for the four fronts of its circumference commons (ejidos) suitable for the settlers \ 
to amuse themselves, drive out their cattle without doing injury, and so that as \ 
they increase hereafter there may be land to grant them, so that they might ' 
build their houses and habitations as provided by the laws 7th, 13th and 14th 
of the forementioned title 7th, book 4th, of the Recopilacion. 

12th. The same shall also proceed to mark out and lay out the pasture 
grounds, which shall be made sufficient so that the work-oxen and the cattle for 
the provisioning of the new settlement may pasture abundantly and with ease, 
endeavoring to choose for that purpose the lands abounding in pastures, and 
that may not be of the best quality to produce wheat or other grains and veg- 
etables useful to the consumption and subsistence of the settlers and their fami-' 
lies, as provided in the forementioned laws 7th and 14th, title 7th, book 4th, 
of the Recopilacion. 

13th. The laying out of the commons (ejidos) and of the common pasture 
grounds being completed (evacuado el senalmiento de los ejidos y a la dehesa 
comun 6 Prado Boyal) the commissioner shall make a careful calculation of all 
the useful and productive land, which by means of the ditch can be irrigated, 
and of the balance, which, without possessing this advantage, he may consider 
.adaptable to cultivatible lands and crops depending on the seasons (de tem- 
poral) and dividing the other into equal (suertes) of four hundred varas in 
length and two hundred in breadth, which is that which is generally contained 
in land sown with a fanega of corn ; he shall ascertain the number of suertes \ 
of both kinds there may be to distribute to the new settlers and to those that \ 
may join them and increase their numbers hereafter. 

14th. The "suertes" having thus been divided from those most useful and ad- 
joining the Pueblo, and that have the advantage of irrigation, there shall be 
marked out and laid out eight " suertes " that shall remain applied to the funds, 
(de propios) the proceeds of which shall be administered by the " mayordomo " 
whom the aynntamiento may appoint, whose duty it shall be to render accounts 
annually that will be examined and approved, referring them previously to the 
prosecuting Syndic, or agent of the community, so that in his defense he may 
make the notes or investigations he may deem justifiable and corresponding ; 
and admitting that their proceeds should be used for the public benefit of all 



14 ADDENDA, NO. VII. 

the inhabitants under the rules which are established for the security of his 
faithful management and legitimate disbursing, and that actually there is no 
public fund with which to defray the expenses of their first plowing, sowing, 
» and crops, the settlers and residents will be under the obligation to aid in per- 
; forming them personally, or by means of their (peons) laboring men, yokes of 
oxen and cattle, in the equitable manner that the commissioner may direct, and 
who shall distribute the work in such manner that all may participate in it 
equally, without excepting, any settler or resident, with the understanding that 
this arrangement shall be limited to the first plowing, sowing and crops, with 
the proceeds of which shall be defrayed the costs of the next, bearing the net 
balance to the benefit of the common fund (fondo propios) to convert it to the 
object of the public good, notwithstanding that by the laws of the kingdom 
these species of property are appropriated. 

15th. The making out and adjudging of the eight " suertes " of irrigable 
laud for the benefit of the common fund (propios) of the new settlement being 
ascertained, the remaining " suertes " that may be useful in its district, be they 

) irrigable or arrable, shall remain to the benefit of the settlers to whom they 
shall be distributed and granted as they establish themselves therein, and as it is 
not possible to establish a fixed rule on the number of " suertes " that can be 
distributed and granted to every settler, to the wise judgment of the commis- 
sioner is left the power of regulating and granting to them those which he may 
/consider sufficient for the maintenance of the family of every one, taking in 
consideration the number of persons composing it, those existing among them 
fit for labor and cultivation, the whole of the agricultural implements and other 
utensils which each one» might own to undertake it, and finally their respective 
industry, as it is just that he who possesses the same should obtain in recom- 
pense thereof a larger number of " suertes " than those who by indifference and 
inapplication shall leave without cultivation those " suertes " which shall have 
been marked out to them. Under these considerations the first distribution 
/ among the actual settlers shall be completed, not exceeding three " suertes " 
which can be granted to every one, leaving the remaining others so as to dis- 
tribute them to those who hereafter shall have joined the settlement — to the sons 
of families who having actually settled belong to the class of residents, or to the 
same settlers who by the industry and application with which they have devoted 
themselves to the cultivation of the first distributed " suertes " deserve an aug- 
mentation of other " suertes," which never can exceed the same number which 
in the first distribution shall have been marked out to them. 

16th. As it is very inconvenient for the settlers that the number of " suertes " 

that may be distributed to them should be united and contiguous to each other, 

so that in this way they may better attend to their cultivation without the 

diversity of attention occasioned by the distance of lands one from another, the 

commissioner shall make it his duty to bear in mind this consideration, so as to 

adapt to the settlers, as much as possible, the advantage of the assemblage of 

" suertes," or at least the less distance that can be made to exist between those 

which may be distributed to them, and so as to avoid the differences that may 

from the improvements of some lands with regard to others, after they shall 

have been divided in the manner hereafter provided, he (the commissioner) shall 

t proceed to make the first distribution, casting lots for the same among the set- 

/ tiers, as is provided with regard to the (solares) town lots in the article 10 of 

these instructions. 

^ 17th. The commissioner in whose charge shall be the new settlement and the 

distribution of lands and town lots (solares), shall make a book or register 

| (quaderno) in which shall appear the original steps of distribution that were 

I taken, which book shall be kept in the archives of the Ayuntamiento of the 

\ new settlement ; and with regard to those steps, he shall give to each settler an 

attestation or certificate, explaining with brevity, distinctness, and clearness the 



ADDENDA, NO. VII. 15 

extent and boundaries of the (solar) town and " suertes " which he may have 
respectively assigned to them, which instrument shall serve them as a title in 
fee for themselves, their children and descendants, warning them that for this 
purpose they shall keep it, and that if they were to lose it by some uninten- 
tional accident, they may have recourse to the commissioner or to the Ayunta- 
miento to give them a true copy of the proceedings, which for this purpose 
shall remain in the archives. 

18th. Thus in the original proceedings of distribution, as in the certificates 
or titles in fee which shall have been given to the settlers, the commissioner 
shall also make kown that the (solares) town lots and lands shall be distributed 
and granted in the name of His Majesty perpetually — forever and ever — and by 
right of inheritance, for themselves, their children and descendants, with the 
positive conditions that they shall keep arms and horses and be ready to defend 
the country from the insults of the enemies that might commence hostilities 
against it, and to march against them whenever they shall be ordered ; that 
they shall build and occupy their houses and reside with their families in the 
new settlement at least for the space of four years ; that during this time they 
cannot alienate, hypothecate, nor subject to any incumbrance whatsoever the 
lands and town lots (solares) which shall have been granted to them, even should 
it be for a pious purpose ; that within the precise space of two years they shall 
work and cultivate the lands which shall have been donated to them, and they 
shall at least commence building the houses upon the town lots which shall 
have been marked out to them, under the penalty that whosoever shall abandon 
them over this length of time shall lose both, and they can be given to another 
more diligent ; that having fulfilled these conditions, and resided for four years 
with house and family in the new settlement, they shall acquire the real owner- 
ship of the lands and town lots which shall have been distributed to them, and 
of the houses and edifices in which they shall have worked, and they shall be 
empowered hereafter with the authority to sell them, and to dispose of them at 
their own free will, as they would of a thing of their own, as provided by the 
law 1, title 12, book 4 of the Kecopilacion, but under the condition that they 
never can sell or alienate them to a church, monastery, ecclesiastic community, 
nor to any of those called mortmain, as provided in the law 1st of the same title 
and book, under the penalty that he who shall contravene the same shall lose 
the lands and edifices, which in this case can be distributed to others ; and 
finally, that within the three months that the grant and distribution shall have 
been made to them, they shall be under the obligation to take possession of the 
building lots and lands which shall have been marked out to them, and to plaut 
all the bounds and limits thereof with fruit trees or other which may be useful 
to the supplying of the settlement with provisions, by which means its district 
shall enjoy a good and peaceable management, and they shall avail themselves 
of the fruit, wood and timber which shall be produced for their domestic uses 
and for the farming utensils which they need indispensably, as provided in the 
law 11th of said title and book. 

19th. The advantage of irrigation being the principal means of fertilizing 
the lands, and the most conducive to the increase of the settlement, the Com- 
missioner shall take particular care to distribute the waters so that all the land 
that may be irrigable might partake of them, especially at the season of spring 
and summer, when they are most necessary to the cultivated land in order to 
insure the crops, for which purpose, availing himself of skillful or intelligent 
persons, he shall divide the territory into districts (partidos) or hereditaments, 
marking out to each one a trench or ditch starting from the main source, with 
the quantity of water which might be regulated as sufficient for its irrigation, at 
the said periods and at the other seasons of the year that they may need them, 
by which means each settler shall know the trench or ditch by which his here- 
ditament shall be irrigated, and that he cannot and shall not have the power to 



16 ADDENDA, NO. VII. 

take the water of another, nor in a greater quantity than that which may fall to 
his share, for which purpose and that it may not increase in injury to the owners 
situated on 'the land beyond or still lower, it shall be proper for the trenches or 
partitions to be constructed in the main ditch made of lime and stone at the 
cost of the settlers themselves. 

20th. In order that these (the settlers) might enjoy with equity and justice 
the benefit of the waters in proportion to the need of their respective crops, 
there shall be named annually by the Ayuntamiento one Alcalde (or Mandador) 
for each trench, to whose charge shall fall the care of distributing them in the 
estates (heredades) comprised in the " partido" or hereditament, which shall be 
irrigated by them in proportion to their need for this benefit, designating by a 
list which he shall make out the hours of day and night at which each owner 
(heredado) shall irrigate his lands sown with grain ; and in order that by the 
carelessness or indolence of the owners (duenos) those (the lands) that may 
need them shall not remain without irrigation, nor the crops be lost, whereby 
independent of the private injury may also result that of the public and com- 
munity, produced by the want of provisions and supplies, it shall also come 
within the duty of the Alcalde, or Mandador, for each trench to have a servant 
(peon) or day-laborer knowing the hour of the day or night designated for the 
irrigation of each tract of land or corn-field, who, in default of its owner, shall 
take care to irrigate it ; the just price of his labor, which shall be caused to be 
paid to him by the owner of the land or estate (heredad) irrigated, to be there- 
after regulated by the Commissioner or by the Justice. 

21st. The repairs and cleansing out which the main ditch may need for its 
conservation, shall be done at the expense of the whole neighborhood at the 
periods which the Commissioner and Ayuntamiento shall designate, every resi- 
dent aiding therein by his assistance and personal labor, or in default thereof 
by the quantity which by partition and an equitable distribution shall be desig- 
nated to him to pay and satisfy the servants (peons) ; and with regard to the 
repairs and cleansing out of the distributing dams and ditches destined to the 
irrigation of the " partidos " or hereditaments in which the land is to be 
divided, it shall be the duty of the " hacenderas," or owners, whose lands (suer- 
tes) and possessions shall be irrigated by them (the dams and ditches), amongst 
whom shall be divided the expenses which they may occasion pro rata to the 
number of " suertes " which each one shall possess in said " partido," or here- 
ditament, belonging to the (cavildo) Council or Ayuntamiento, in common with 
the Commissioner, to determine upon those in which, without injury to the cul- 
tivated lands, the above mentioned cleansing out and repairs shall be made. 

22d. So as to avoid the damages and injuries which through the negligence 
of their owners the large cattle and the sheep do on the cultivated lands, there 
shall be appointed annually by the Ayuntamiento two Alcaldes (Guardias de 
Campo), that the one shall exercise his functions by day, and the other by night ; 
and like public officers, who shall swear before the Ayuntamiento to well and 
faithfully perform their duty, their depositions shall be credited unless a proof 
is proffered against the same sufficient to justify the contrary, and both shall be 
under the obligation to watch by day and by night that the cattle do not occa- 
sion damages in the cultivated lands of the neighborhood, and to apprehend 
those that they may encounter so doing, which they will drive to a " corral " 
which shall be made for the purpose, and to be called " Corral del Consejo," 
reporting and denouncing them immediately to justice, so that under their sworn 
authority they proceed summarily and effectively, and make known and value 
the damage they may have occasioned, and to oblige the owner of the appre- 
hended cattle to pay the same and to satisfy him (the Alcalde) for the culti- 
vated land which may have suffered the same. 

23d. As it is not sufficient to prevent and avoid the damages which the cat- 
tle frequently occasion on the cultivated lands, to compel its owners to the pay- 



ADDENDA, NOS. VII, VHI. 17 

merit of the value at which they (the damages) shall be estimated, it becomes 
necessary to recover it to impose upon them some other moderate pecuniary 
fine, which, exacted irremissibly in all cases of contravention, obliges them to 
heed them and not to reiterate them ; and to regulate the above mentioned 
pecuniary fine a thorough knowledge of the country, of the condition of its 
inhabitants, and of the value of the cattle being indispensable, this sub- 
ject shall be reserved to the Ayuntamiento, so that in common with the Com- 
missioner they fix and determine upon the fine to be imposed and exacted 
in cases of contravention, taking care that the fine be greater for those who 
shall occasion damage by night, on account of the greater difficulty of their 
being apprehended and punished. 

24th. And lastly, as it is peculiarly the province of the ( Cavildos) Councils, 
or Ayuntamientos, as being the best informed of that which becomes the com- 
munity and public which they represent, to determine and resolve upon the sub- 
jects and measures which they may consider most useful and conducive to their 
better management and economical and political government, and which being 
approved by the highest authority appertain to the class of municipal ordi- 
nances which are to be observed as the particular laws of every settlement, so 
far as they are not in opposition to the general laws established by the sovereign, 
this Ayuntamiento of the new settlement shall be vested with this same power, 
and in using of this power and acting in common with the Commissioner of its 
establishment, they shall fix and promulgate the articles, or municipal ordi- 
nances, which they may consider most useful and necessary, and which they 
shall report to this Superior Government, so that in virtue of its approval they 
be valid and observed. 

Chihuahua, 14th of November, 1789. JUAN GASIOT, 

Y. MIEALLES. 



No. VIII. 

[California Archives, Vol.1, Missions and Colonization, page 850; 1 Rockwell, 451; Hal- 
leck's Report, Ex. Doc. No. 17, 1st Sess. 31st Cong., H. of Rep., page 451.] 

In conformity with the opinion of the assessor of the comanddncia general, 
I have determined in a decree of this date that, notwithstanding the provisions 
made in the 81st article of the ordinance of intendentes, the captains of pre- 
sidios are authorized to grant and distribute house-lots and lands to the soldiers 
and citizens (soldados y vecinos) who may solicit them to fix their residences on. 

And considering the extent of four common leagues measured from the cen- 
tre of the presidio square, viz : two leagues in every direction, to be sufficient 
for the new pueblos to be formed under the protection of said presidios, (que 
van formandose a su abrigo) I have likewise determined, in order to avoid 
doubts and disputes in future, that said captains restrict themselves hencefor- 
ward to the quantity of house-lots and lands within the four leagues already 
mentioned, without exceeding in any manner said limits, leaving free and open 
the exclusive jurisdiction belonging to the intendentes of the royal hacienda, 
respecting the sale, composition, and distribution of the remainder of the land 
in the respective districts. 

And that this order may be punctually observed and carried into effect, you 
will circulate it to the captains and commandants of the presidios of your 
province, informing me of having done so. 

God preserve you many years. 

Chihuahua, October 22, 1791. 

PEDEO DE NAYA. 
Senor Don Joseph Antonio Romen. 
2* 



18 ADDENDA, NOS. IX, X. 

No. IX. 

EXHIBIT IB IN THE CASE. 

[California Archives, Yol. I, Missions and Colonization, page 874.] 

July 1st, 1796. 

Report, of Don Pedro de Alberni, who had been ordered by Governor to make a 
careful examination of the country, and report the most suitable location for 
the Villa of Branciforte, ordered to be established by the Viceroy. 

Having examined the points set forth in the foregoing- Superior Official 
Communication, as well as those requiring me to set forth all that I might 
think necessary, I reply as follows : The principal object and view of the 
whole matter may be reduced to the project formed by Don Jose M a Beltram, 
and forwarded by the Royal Tribunal de Cuentas to the Most Excellent Viceroy, 
in relation to the establishment of a Villa or Poblacion ; and its being neces- 
sary to remember that, in order to attain the desired end, an eye must be had to 
such favorable circumstances as are required to give to the inhabitants of the 
same the necessary advantages, such as a plentiful supply of water, wood, irri- 
gable and arable lands, forests, pastures, stone, lime, or earth for adobes ; and 
having been commissioned to this end for the examination, which I made with 
the.Senor Governor Don Diego de Borica, of the country from the Mission of 
Santa Cruz, Arroyo del Pajaro, and the Mission of Santa Clara, to the place 
of the Alameda, and the country around the Presidio and Fort of San Fran- 
cisco, and the Mission of the same name. After a careful and scrupulous 
examination of these places with the Engineer Extraordinary, Don Alberto de 
Cordoba, I found that the place of the Alameda, although it contains a creek, 
still that it affords but little water, and that the channel is so deep [low ?] that it 
is difficult to obtain water therefrom for irrigating the extensive plains of what 
appears to be good lands ; but as the place is without fuel, timber, and pastur- 
age, which cannot be obtained save at the distance of many leagues, it is clear 
that it is unsuitable for the project under consideration. 

In the District of the Presidio of San Francisco, as also in that of the Fort 
or Battery, and in those of the Mission, at the distance of a league, there is not 
only wanting irrigable lands, but there is a very small extent of such as are de 
temporal (suitable for grain). The water is so scarce that it is scarcely suffi- 
cient for the few families that reside at the Presidio, and from a few holes 
(positos) from which at intervals they obtain water with much labor, they have 
to supply themselves. Groves or timber is found at a distance of twelve or 
fourteen leagues, and pasturage for the little stock of the garrison is only found 
at a distance of five or six leagues. The wood used in cooking is some mator- 
rales, or chiamisos, as it is there called, which grows upon the sand hills. And 
therefore I am convinced that the worst place or situation in California is that 
of San Francisco for the establishment of such a villa as is proposed by the 
Senor Contador, Don Jose M a Beltram. 



No. X. 

[Leyes Vigentes, page 28; 1 White's Eecopilacion, 416; 1 Eivera Nueva Coleccion de Leyes 
y Decretos Mexicanos, 890.] 

Decree of the Spanish Cortes of May 23d, 1812. 

FORMATION OF THE CONSTITUTIONAL AVUNTAMIENTOS. 

The general and extraordinary Cortes, convinced that it is equally important 



ADDENDA, NO. X. 19 

to the welfare and tranquility of families, and the prosperity of the nation., that 
Common Councils (Ayuntamientos) be established as soon as practicable in 
such towns (pueblos) where it is proper that they should be instituted and 
which have not hitherto enjoyed the benefit thereof, as well as to avoid the 
doubts which might arise in the execution of what has been prescribed on this 
subject in the Constitution, and to establish a uniform rule for the appointment, 
form of election, and the number of its members, decree as follows : 

1. Every town (pueblo) which has no Common Council, (Ayuntamiento) and 
the population of which does not amount to one thousand souls, and which, on 
account of the peculiar condition of its agriculture, industry, or population, 
requires a Common Council, (Ayuntamiento) will make the same known to 
the Deputation of the Province, in order that by virtue of this information they 
may apply to the Government for the requisite permission. 

2. Towns (pueblos) which do not find themselves in this situation shall be 
united to the Councils (Ayuntamientos) to which they have hitherto belonged, 
as long as the improvement of their political condition shall not require other 
measures, uniting those newly formed to those nearest them in their Province, 
or to those which have lost their jurisdiction for want of population. 

3. By virtue of the provision of the 312th article of the Constitution, the 
functions of the regidores and other perpetual officers of the Common Councils 
(Ayuntamientos) cease as soon as the Constitution and this decree shall have 
been received in each town, and they shall be elected according to an absolute 
plurality of votes as prescribed in the 313th and 314th articles of the Consti- 
tution, as well in those towns (pueblos) where all have the quality of being 
perpetual, as in those where some only enjoy this privilege ; for the information 
of those towns wherein the election may be carried into effect four months 
before the expiration of the year, it is ordered that said election be renewed at 
the end of the month of December of the same year, as to one-half, those to go 
out who were last elected ; but in those towns wherein the elections take place 
when less than four months are required to terminate the year, those elected 
will continue in their employment until the end of the next year, when one-half 
of them will cease to hold their offices. 

4. As it cannot fail to be proper that there should exist between the govern- 
ment of the towns and its inhabitants, (el gobierno del pueblo y su vecindario) 
such proportion as is compatible with good order and its better administration, 
there shall be one Alcalde, two Regidors, and one Procurator Syndic, in all 
towns which do not have more than two .hundred inhabitants ; one Alcalde, 
four Regidors, and one Procurator, in those the population of which exceeds 
two hundred but does not exceed five hundred inhabitants ; one Alcalde, six 
Regidors, and one Procurator, in those which possess five hundred but the pop- 
ulation of which does not amount to one thousand inhabitants ; two Alcaldes, 
eight Regidors, and two Procurator Syndics, in towns having from one thou- 
sand to four thousand inhabitants, and the number of Regidors will be 
augmented to twelve in those towns which have more than four thousand 
inhabitants. 

5. In the capitals of the Provinces there must be at least twelve Regidors, 
and should they possess more than ten thousand inhabitants their number will 
be sixteen. 

6. In following out these principles in making the elections to fill these offices, 
it is ordered that the election take place on some day of festival in the month of 
December, by the inhabitants who are in the exercise of the rights of citizen- 
ship, of nine electors in the towns which have less than one thousand inhabit- 
ants, of sixteen in those having more than one thousand and less than rive 
thousand inhabitants, and of twenty-five electors in those towns having a greater 
number of inhabitants. 

7. This election being completed, there shall be formed on another day of 



20 ADDENDA, NOS. X, XI. 

festival in the month of December the Board of Electors, presided by the polit- 
ical chief, if there be any, and if not by the oldest of the Alcaldes, and in the 
absence of the Alcalde by the oldest Regidor, in order to deliberate on the 
persons most suitable for the government of the town, (pueblo) and they cannot 
adjourn without having completed the election, which must be transcribed in 
a book kept for this purpose, and signed by the President and the Secretary, 
who shall be likewise Secretary of the Council, (Ayuntamiento) and said 
election shall be immediately published. 

8. In order to facilitate the appointment of the electors, especially where the 
population is numerous, or where the divisions or distances of the towns or 
parishes, (los pueblos 6 parroquias) which must unite in order to form their 
Council, might create difficulties or delays, Boards are to be formed in each 
parish composed of all the inhabitants domiciliated therein, which must be pre- 
viously convoked, and must be presided by the political chief, Alcalde or 
Regidor, and each one of them must elect the number of electors to which it is 
entitled, in the proportion which its population bears to the total population, 
and the act of the election must be transcribed in a book kept for this purpose, 
and be signed by the President and the Secretary, which the Board may 
appoint. 

9. A parish Board (Junta de parroquia) cannot be held in towns not having 
fifty inhabitants, and those being in this predicament must unite among them- 
selves, or with such as are nearest ; but all such towns as have hitherto enjoyed 
the privilege of nominating electors for the appointment of Justices, Councils, 
or deputies in common, shall retain this privilege. 

10. If, notwithstanding what has been provided in the preceding article, there 
should still be a greater number of parishes than there are electors, still an 
elector is to be nominated by each parish. 

11. If the number of parishes should be less than the number of electors, 
each parish will elect one, two, or more, until it has completed the requisite 
number ; but if an elector were yet wanting, he must be appointed by the parish 
having the largest population ; and if another be still wanting, he must be 
elected by the parish having the next largest population, and so successively. 

12. Inasmuch as it may happen that there exist in the ultramarine provinces 
some towns (en las provincias de ultramar algunos pueblos) which, owing to 
peculiar circumstances, ought to have Common Councils for their better gov- 
ernment, but whose inhabitants are not in the enjoyment of the rights of 
citizens, they have nevertheless the right to elect among themselves the officers 
of their Councils, in conformity to the rules herein prescribed for other towns. 

1 3. The Common Councils will not in future have any permanent Assessors 
with fixed salaries. 



( 



No. XI 



[Leyes Yigentes, pages 56. etc.] 

Decree of the Cortes of Spain of the fourth of January, 1813. 

On reducing the vacant land (baldios) and other common lands to pri- 
vate PROPERTY, CULTIVABLE LOTS TO BE GRANTED TO THE DEFENDERS OF THE 
COUNTRY, AND TO CITIZENS WHO ARE NOT PROPRIETORS. (SOBRE REDUCIR LOS 
BALDIOS Y OTROS TERRENOS COMUNES A DOMINIO PARTICULAR : SUERTES CONCE- 
DIDAS A LOS DEFENSORES DE LA PATRIA Y A LOS CIUDADANOS NO PROPRIETARIOS.) 

The Cortes general and extraordinary, considering that the reduction of 
common lands (terrenos communes) to private property is one of the measures 



ADDENDA, NO. XI. 21 

most imperiously demanded for the welfare of the pueblos, and the improve- 
ment of agriculture and industry, aud wishing, at the same time, to derive from 
this class of lands aid to relieve the public necessities, a reward to the worthy 
defenders of the country, and relief to the citizens not proprietors, decree : 

1. All vacant land (baldios) or lands belonging to the Royal patrimony 
(realengos) and lands the revenue whereof goes to the use of the pueblo govern- 
ments, (propios y arbitrios) wooded or otherwise, as well in the Peninsula and 
adjacent islands as in the provinces beyond the sea, except the necessary suburbs 
(egidos) of the pueblos, shall be reduced to private property, providing how- 
ever that in disposing of lands the revenue whereof goes to the use of the 
pueblo governments, (propios y arbitrios) the yearly revenue derived therefrom 
shall be supplied by the most appropriate means, to be proposed by the respec- 
tive provincial deputations, and approved by the Cortes. 

2. In whatever manner these lands may be distributed it shall be in fee 
simple absolute and by metes and bounds, (acotados) so that their owners may 
inclose the same, without prejudice to the ravines, cross roads, watering places 
for cattle, (abrevaderos) and easements, (servidumbres) and enjoy them freely 
and exclusively, and dedicate them to any use and cultivation they may think 
best ; but they shall never entail them, nor transfer them at any time, nor under 
any title to be held in mortmain (manos muertas). 

3. In the transfer of said lands, the residents of the pueblos within the limits 
whereof said lands may be shall be preferred, and the commoners of said pue- 
blos in the enjoyment of said vacant land ("baldios). 

4. The Territorial Deputations shall propose to the Cortes, through the 
Regency, the best time and means to carry out these dispositions in their respec- 
tive provinces, in accordance with the circumstances of the district, and also 
the lands which may be indispensable to reserve for the pueblos, that the Cortes 
may decide what would be suitable for each district. 

5. This business is recommended to the zealous attention of the Regency of 
the kingdom, and of the two Secretaries of State, that they may present it and 
explain it before the Cortes whenever proposals may be made by the Territorial 
Deputations. 

6. Without prejudice to the foregoing provisions, one-half of the vacant 
land (baldios,) and lands belonging to the Royal patrimony (realengos) of the 
monarchy, except the suburbs of the pueblos, (egidos) is hereby reserved, to be 
in whole or in part, as may be deemed necessary, hypothecated for the payment 
of the national debt, preferring the payment of the claims against the nation 
which may be held by the citizens (vecinos) of the pueblos to which the lands 
may belong ; and in the latter class, preferring such claims as proceed from any 
supplies furnished to the national armies, or war loans made by said residents 
since the first day of May, 1808. 

7. In selling on account of the public debt said one-half of the vacant land 
(baldios) and lands belonging to the Royal patrimony, (realengos) or the part 
which may be deemed necessary to hypothecate, the citizens (vecinos) of the 
respective pueblos shall be preferred in the purchase thereof, and the common- 
ers in the enjoyment of the aforesaid lands ; and both shall be allowed to pay 
the full price of said lands with claims duly liquidated held by them on account 
of said supplies and loans, and in default thereof with any other legitimate 
national claim they may hold. 

8. There shall be comprised within said half of vacant land Cbaldios) and 
lands belonging to the Royal patrimony (realengos) the portion already justly 
and legally sold in some of the provinces for the expenses of the present war. 

9. Out of the remainder of the vacant land (baldios) or lands belonging to 
the Royal patrimony, (realengos) or lands the revenue whereof goes to the use 
of the pueblo governments, (propios y arbitrios) there shall be given gratis one 
lot of the best land for cultivation to each Captain, First or Second Lieutenant, 



22 ADDENDA, NO. XL 

who on account of old age, or having become an invalid in the military service, 
shall have been honorably discharged from the service, be they either citizens 
or foreigners, provided that in the districts of their resideuce there should be 
any of this class of lands. 

10. The lots to be granted in each pueblo to the officers or soldiers shall be 
equal in value, proportionate to the extent and quality of the same, and larger 
in some districts and smaller in others, according to the circumstances of the 
same, and the greater or less extension of the lands ; providing, however, if 
possible, that each lot may be such that if reasonably cultivated it shall suffice 
to the support of an individual. 

11. These lots shall be designated by the constitutional Common Councils 
(Ayuntamientos) of the respective pueblos to which the lands may belong, as 
soon as the interested parties present before them the documents proving their 
good performance in and honorable discharge from the service, and above all 
the statements of District Attorneys ( Procuradores Sindicos) shall be heard 
summarily and officially without exacting fees or reward of any kind. The 
proceedings (expediente) shall immediately be sent to the Territorial Deputa- 
tion that it may approve it and correct any error. 

12. The granting of these lots, (suertes) which shall be denominated patriotic 
rewards, shall not at present be extended to any other individuals, except those 
now serving or who may have served in the present war, or in the pacification 
of the actual revolts in some of the provinces beyond the sea. But it comprises 
the Captains, First and Second Lieutenants, and rank and file, who having 
served in cither may have been honorably discharged, having a genuine dis- 
charge, for having been disabled on the battle-field, and not otherwise. 

13. It also comprises individuals not military, who having served as guerril- 
las, or contributed in any other manner to the national defense in this war, or 
in the American revolts, have been or may become mutilated or disabled in 
consequence of any conflict in war. 

14. These favors (gracias) shall be granted to the aforementioned parties, 
though they may on account of their services and brilliant exploits enjoy other 
privileges. 

15. Out of the remainder of the vacant land (baldios) and lands belonging 
to the Royal patrimony (realengos) there shall be segregated those most fit for 
cultivation, and one lot (suerte) only, proportionate to the extent thereof, shall 
be given gratis and by lottery to every resident of the respective pueblos, own- 
ing no other land, and who may apply for the same, provided the whole amount 
of lands so segregated and distributed shall not exceed one-fourth of said vacant 
land (baldios) and lands belonging to the Royal patrimony (realengos) ; and if 
these should not be sufficient, the lot rhall be given in the lands the revenue 
whereof goes to the use of the pueblo governments, (propios y arbitrios) impos- 
ing upon the same a redeemable tax (car on) equivalent to the revenue derived 
from the same for the five years next pieciding the end of the year 1817, so 
that the municipal funds may not decrease. 

16. If any of those favored by the preceding articles should fail to pay said 
tax (canon) for two consecutive years, if the lands belong to the class the rev- 
enue whereof goes to the use of the pueblo governments, (propios) or if he 
had it for his own benefit, it shall be given to a more industrious resident hav- 
ing no land of his own. 

17. All the proceedings for these grants shall be made by the Common 
Councils (Ayuntamientos) without any costs, and shall in like manner be 
approved by the Provincial Deputations. 

18. All lots granted in accordance with articles 9, 10, 11, 12, 15, shall be in 
fee simple absolute (plena propiedad) to the grantees and their successors upon 
the terms and conditions expressed in article the second ; but the owners of 
these lots cannot dispose of them before four years have elapsed from the date 



ADDENDA, NOS. XI, XII. 23 

of the grant, nor entail them, nor transfer them at any time under any title to 
be held in mortmain (manos muertas). 

19. Any of the aforementioned grantees or their successors establishing upon 
the land granted his permanent habitation, shall be for the period of eight years 
exempted from the payment of any tax or impost upon said land and the pro- 
duct thereof. 

20. This decree shall be circulated, not only throughout all the pueblos of 
the monarchy, but also throughout the national armies, it being everywhere 
published, so that it may come to the notice of all individuals composing the 
same. J 



No. XII. 

[Colleccion de Ordenes y Decretos de la Soberana Junta Provisional Gubernativa y Sober- 
anos Congresos Generates de la Nation Mexicana, Vol. Ill, page 64, etc.; 1 Rockwell, 
451 ; Halleck's Report, ut supra, Appendix 4.] 

Decree of the 18th August, 1824, respecting Colonization. 

The sovereign general constituent Congress of the United Mexican States 
has been pleased to decree — 

1st. The Mexican nation promises to those foreigners who may come to 
establish themselves in its territory, security in their persons and property, pro- 
vided they subject themselves to the laws of the country. 

2d. The objects of this law are those national lands which are neither private 
property nor belonging to any corporation or pueblo, and can therefore be 
colonized. (Son objeto de esta ley aquellos terrenos de la nacion, que no 
siendo de propiedad particular, ni pretenecientes a corporacion alguna 6 
Pueblo, pneden ser colonizados.) 

3d. To this end the Congress of the States will form, as soon as possible, 
the laws and regulations of colonization of their respective demarcation, with 
entire conformity to the constitutive act, the general constitution, and the rules 
established in this law. 

4th. Those territories comprised within twenty leagues of the boundaries of 
any foreign nation, or within ten leagues of the seacoast, cannot be colonized 
without the previous approval of the supreme general executive power. 

5th. If, for the defense or security of the nation the federal government should 
find it expedient to make use of any portion of these lands for the purpose of 
constructing warehouses, arsenals, or other public edifices, it may do so, with 
the approbation of the general Congress, or during its recess with that of the 
government council. 

6th. Before the expiration of four years after the publication of this law, no 
tax or duty (direcho) shall be imposed on the entry of the persons of foreigners, 
who come to establish themselves for the first time in the nation. 

7th. Previous to the year 1840, the general Congress cannot prohibit the 
entry of foreigners to colonize, except compelled to do so, with respect to the 
individuals of some nation, by powerful reasons. 

8th. The government, without prejudicing the object of this law, will take 
the precautionary measures which it may consider necessary for the security of 
the federation, with respect to the foreigners who may come to colonize. 
In the distribution of lauds, Mexican citizens are to be attended to in prefer- 
ence ; and no distinction shall be made amongst these, except such only as is 
due to private merit and services rendered to the country, or inequality of cir- 
cumstances, residence in the place to which the lands distributed belong. 

10th. Military persons who are entitled to lands by the promise made on the 



24 ADDENDA, NOS. XII, XIII. 

27th of March. 1821, shall be attended to in the States, on producing the diplo- 
mas granted to them to that effect by the supreme executive power. 

11th. If by the decrees of capitulation, according to the probabilities of life, 
the supreme executive should see fit to alienate any portion of land in favor of 
any military or civil officers of the federation, it may so dispose of the vacant 
lands of the territories. 

12th. No person shall be allowed to obtain the ownership of more than one 
league square, of five thousand varas (5,000) of irrigable land (de regadio), four 
superficial ones of laud dependent on the seasons (de temporal), and six superfi- 
cial ones for the purpose of rearing cattle (de abreradiso) . 

13th. The new colonist cannot transfer their possessions in mortmain (manos 
muertas.) 

14th. This law guaranties the contracts which the grantees (empresarios) 
may make with the families which they may bring out at their expense ; pro- 
vided they be not contrary to the laws. 

15th. No one who, by virtue of this law, shall acquire the ownership of 
lands, shall retain them if he shall reside out of the territory of the republic. 

16th. The government, in conformity with the principles established in this 
law, will proceed to the colonization of the territories of the republic. 



No. XIII. 

EXHIBIT C IN THE CASE. 

[California Archives, Vol. IV, San Jose Dep. S., page 278.] 

November 6th, 1828. 

Governor Echandia says Comandantes of Presidios cannot grant lands. 

" Under this date, I say to Lieutenant Don Ygnacio Martinez, Com te of the 
Presidio of San Francisco, that which follows : 

" The Englishman, William Willis, resident for many years in the pueblo of 
San Jose Guadalupe, presented himself before this Government, asking the 
concession of a place named Laguna de los Bol bones, and in consequence of 
the Bando, lately published, and other consideration's influencing this Superior 
Government in favor of its ancient and new inhabitants, the following decree 
was made on his petition : ' Port of San Diego, June 7th, 1828. — Inasmuch 
• as there are in the pueblo of San Jose Guadalupe lands sufficient on which the 
1 petitioner can maintain his flocks and herds, in accordance with the late Bando 
' published in relation to the matter, the place petitioned for cannot be granted.' 
On this refusal, this individual, maliciously disregarding the authority of the 
Government, presented himself to the Comandante of San Francisco, setting 
forth that the said place pertained to his jurisdiction, and asking him to con- 
cede to him ad interim that which he was unable to obtain from the proper 
source, who was weak enough to accede to his petition, and grant to him the 
land (a thing that no Comandante of this Territory has any authority to do) by 
decree on his petition, dated the twenty-fifth of August last past, not even in 
the character of a loan for one year. Wherefore, as soon as you receive this 
you will cause to appear before you the said William Willis, and will exact 
from him a fine of fifty dollars," etc. 



ADDENDA, NO. XIV. 25 



No. XIY. 

[California Archives, Vol. II, Missions and Colonization, page 1, etc.; 1 Rockwell, 453; 
Halleck's Report, ut supra, Appendix 5.] 

General rules and regulations for the colonization of territories of the republic. 
Mexico, November 21, 1828. 

It being stipulated in the 11th article of the general law of colonization of 
the 18th of August, 1824, that the government, in conformity with the princi- 
ples established in said law, shall proceed to the colonization of the territories 
of the republic ; and it being very desirable, in order to give to said article the 
most punctual and exact fulfilment, to dictate some general rules for facilitating 
its execution in such cases as may occur, his excellency has seen fit to deter- 
mine on the following articles : 

1st. The governors (gefes politicos) of the territories are authorized (in com- 
pliance with the law of the general Congress of the 18th of August, 1824, and 
under the conditions hereafter specified) to grant vacant lands (terrenos val- 
dios) in their respective territories to such contractors (empresarios.) families, 
or private persons, whether Mexicans or foreigners, who may ask for them, for 
the purpose of cultivating and inhabiting them. 

2d. Every person soliciting lands, whether he be an empresario, head of a 
family, or private person, shall address to the governor of the respective territory 
a petition, expressing his name, country, profession, the number, description, 
religion, and other circumstances of the families or persons with whom he 
wishes to colonize, describing as distinctly as possible, by means of a map, the 
land asked for. 

3d. The governor shall proceed immediately to obtain the necessary informa- 
tion whether the petition embraces the requisite conditions required by said law 
of the 18th of August, both as regards the land and the candidate, in order that 
the petitioner may at once be attended to ; or if it be preferred, the respective 
municipal authority may be consulted, whether there be any objection to mak- 
ing the grant or not. 

4th. This being done, the governor will accede or not to such petition, in 
exact conformity to the laws on the subject, and especially to the before- 
mentioned one of the 18th of August, 1824. 

5th. The grants made to families or private persons shall not be held to be 
definitely valid without the previous consent of the territorial deputation, to 
which end the respective documents (espedientes) shall be forwarded to it. 

6th. When the governor shall not obtain the approbation of the territorial 
deputation, he shall report to the supreme government, forwarding the necessary 
documents for its decision. 

7th. The grants made to empresarios for them to colonize with many families 
shall not be held to be definitely valid until the approval of the supreme gov- 
ernment be obtained ; to which the necessary documents must be forwarded, 
along with the report of the territorial deputation. 

8th. The definitive grant asked for being made, a document signed by the 
governor shall be given, to serve as a title to the party interested, wherein it 
must be stated that said grant is made in exact conformity with the provisions 
of the laws in virtue whereof possession shall be given. 

9th. The necessary record shall be kept in a book destined for the purpose, 
of all the petitions presented, and grants made, with the maps of the lands 
granted, and the circumstantial report shall be forwarded quarterly to the 
supreme government. 

10th. No capiiulization shall be admitted for a new town, except the ca- 
pitulizator bind himself to present, as colonists, twelve families at least. 



26 ADDENDA, NOS. XIV, XV. 

llth. The governor shall designate to the new colonist (nuevo poblador) a 
proportionate time within which he shall be bound to cultivate or occupy the 
land on the terms and with the number of persons or families which he may 
have capitulized for, it being understood that if he does not comply, the 
grant of the land shall remain void; nevertheless, the governor may revalidate 
it in proportion to the part which the party may have fulfilled. 

12th. Every new colonist, after having cultivated or occupied the land 
agreeable to his capitidization, will take care to prove the same before the 
municipal authority, in order that, the necessary record being made, he may 
consolidate and secure his right of ownership, so that he may dispose freely 
thereof. 

13. The reunion of many families into one town (poblacion) shall follow, in its 
formation, interior government and policy, the rules established by the existing 
laws for the other towns of the republic, special care being taken that the new 
ones are built with all possible regularity. 

14th. The minimum of irrigable land to be given to one person for coloniza- 
tion shall be 200 varas square, the minimum of land called de temporal shall be 
800 varas square, and the minimum for breeding cattle [de abrevadero) shall be 
1,200 varas square. , 

15th. The land given for a house-lot shall be 100 varas. 

16th. The spaces which may remain between the colonized lands may be 
distributed among the adjoining proprietors who shall have cultivated theirs 
with the most application, and have not received the whole extent of land 
allowed by the law, or to the children of said proprietors, who may ask for 
them to combine the possessions of their families ; but on this subject partic- 
ular attention must be paid to the morality and industry of the parties. 

17th. In those territories where there are missions, the lands occupied by 
them cannot be colonized at present, nor until it be determined whether they 
are to be considered as the property of the establishments of the neophytes, 
catechumens, and Mexican colonists. 



No. XV. 

[See the same: Halleck's Report, Appendix, No. 13; 1 Rockwell, 455; Jones' Report, 

page 59.] 

Decree of the Mexican Congress relating to the Secularization of the Missions 

of California. 

Article 1. The Government will proceed to secularize the Missions of 
Upper and Lower California. 

Art. 2. In each of said Missions shall be established a parish, served by a 
secular clergyman, with a stipend of from two thousand to two thousand five 
hundred dollars a year, as the Government shall decide. 

Art. 3. These Parochial Curates shall not recover or receive any fees for 
marriages, baptisms, or under any other name. As regards fees for processions, 
they shall be entitled to receive such as may be specifically named in the list 
made out for that object, as concisely as possible, by the Reverend Bishop of 
the Diocese, and approved by the Supreme Government. 

Art. 4. The churches which have served in each Mission shall serve as 
parish churches, with the sacred vases, ornaments, and other articles, which each 
possesses at present, and such additional furniture belonging to said church as 
the Government may deem necessary for the more decent use of said parish. 



ADDENDA, NOS. XV, XVI. 27 

Art. 5. The Government shall cause to be laid out a campo santo [cemetery] 
for each parish out of the way of the population. 

Art. 6. Five hundred dollars a year are appropriated for the service and 
worship in each parish church. 

Art. 7. Of the houses belonging to each Mission, the most suitable shall 
be selected as the residence of the Curate, the land appropriated to him not to 
exceed two hundred yards square, and the rest shall be specially devoted to a 
town house, primary school, and public establishments and offices. 

Art. 8. In order to provide promptly and effectively for the spiritual wants 
of both the Californias, there is established in the capital of the Upper a vicar- 
ship, which shall have jurisdiction over the two Territories, and the Eeverend 
Diocesan shall endow it with the most ample powers. 

Art. 9. Three thousand dollars are appropriated as an endowment to this 
vicarship, the Yicar being required to discharge his duties free of charge under 
any pretext or name, not even for paper. 

Art. 10. If for any other cause whatever the Parochial Curate of the 
capital, or any other parish in the district, shall act as Yicar, there shall be 
paid to him one thousand five hundred dollars, besides the stipend of his 
curacy. 

Art. 11. There shall not be introduced any custom which shall require the 
inhabitants of California to make offerings, however pious they may be, although 
they may be termed necessary ; and neither time nor the will of the said inhab- 
itants shall give them any force or weight whatever. 

Art. 12. The Government shall take effectual care that the Eeverend Dio- 
cesan shall contribute, so far as he is concerned, to fulfill the objects of this 
law. 

Art. 13. The Supreme Government shall provide for the gratuitous trans- 
portation, by sea, of the new Curates that may be appointed and their families, 
and besides may give to each one, for his traveling by land, from four to eight 
hundred dollars, according to the distance and the number of his family which 
he brings. 

Art. 14. Government shall pay the traveling expenses of the religious 
[regulars] (religiosos) Missionaries who move ; and that they may be accom- 
modated on land as far as their colleges or convents, may give to each from 
two to three hundred dollars, and, at discretion, so much as may be necessary 
to such as have not sworn to support the independence, that they may leave 
the Eepublic. 

Art. 15. The Supreme Government shall pay the expenses arising under 
this law out of the products of the securities, capitals, and rents, which are 
regarded as the pious fund in the Missions of California. 

August 17th, 1833. 



No. XVI. 

EXHIBIT No. 5 TO DEPOSITION" OF E. C. HOPKINS IN THE 

CASE. 

[California Archives, Vol. Ill, Departmental State Papers, page 558.] 

May 18th, 1834. 

Governor Figueroa to Com te Vallejo. 

The Military Comandante of that place (San Francisco) has been considered 
as one encharged with the administration of justice, which functions were, in 



28 ADDENDA, NOS. XVI, XVII. 

the time of the Spanish Government, attributed to that officer on account of 
there being no constitutional Alcalde, on whom the law of the ninth of Octo- 
ber, 1812, conferred the jurisdiction contensiosa. 

Thus it is that the Military Comandantes have continued exercising these 
functions until Ayuutamientos should be established at the points where none 
existed. Under this view of the matter, it is for you, in the character of Judge 
of First Instance, to carry out the provisions of the law of the tweuty-second 
of July, 1833, in that Presidio and its comprehension (jurisdiction). 

It belongs also to the Military Comandante of that Presidio to exercise the 
political government of the same, for the want of local authorities. It is his 
duty to make out a list of the inhabitants, in the manner prescribed by law, 
which I will expect you to forward to me without delay, informing me at the 
same time if, in your opinion, an Ayuntamiento may be established, that I may 
take such steps as may be necessary in order to carry out the matter. 

Signed with Rubrica of Figueroa. 



No. XVII. 

EXHIBIT No. 6 TO DEPOSITION OF R. C. HOPKINS IN THE 

CASE. 

[California Archives, Vol. XIV, Angeles Official Correspondence.] 

Governor Figueroa 's Decree of August 6th, 1834, respecting Constitutional 

Ayuutamientos. 

figueroa's regulations. 

The Most Excellent Territorial Deputation, under date of the second instant, 
was pleased to resolve as follows : 

1st. There skill be a Constitutional Ayuntamiento in the " vecindario " of 
San Diego, composed of one Alcalde, two Regidores, and one Sindico Procu- 
rador. 

2d. There shall be a Constitutional Ayuntamiento in the " vecindario " of 
Santa Barbara, composed of one Alcalde, four Regidores, and one Sindico 
Procurador. 

3d. The Constitutional Ayuntamiento of the pueblo of Los Angeles shall be 
increased by one Alcalde of the second nomination and two Regidores. 

4th. The Constitutional Ayuntamiento of this capital by one Alcalde of the 
second nomination and two Regidores. 

5th. The officers referred to in the foregoing articles shall be elected on the 
days designated in the law of the twelfth of June, 1830, and shall enter upon 
the duties of office on the first of January, 1835, excepting those for Santa 
Barbara, who from the present date (such as are elected) shall exercise all the 
functions awarded to them by decree of the twenty-third of June, 1813. 

All of which I forward to you for your information and further ends, requir- 
ing you to see that the same be fulfilled. 

God and Liberty ! 

Monterey, August 6th, 1834. 

JOSE FIGUEROA. 

To the Constitutional Alcalde of Los Angeles. 



ADDENDA, NO. XVIII. 29 



No. XVIII. 

Document " A P L" in the Case. 

[California Archives, Vol. II, Missions and Colonization, pa^e 538. This is very badly 
translated as will be seen where the mistranslations are italicised and the Spanish terms 
inserted in parentheses.] 

August 6th, 1834. 

DECREE OF GOVERNOR FIGUEROA, RESPECTING TOWN 
PROPERTY, MUNICIPAL TAXES, ETC. 

Jose Figueroa, Brigadier General of the Mexican Republic, Commander-in- 
Chief, Inspector and Superior Political Chief of the Territory of the Upper 

California. 

The Right Honorable Territorial Deputation beiDg desirous to provide the 
Towns and Cities (los Pueblos) with necessary funds for their expenses and 
works of public benefit, has been pleased to resolve the following : 

A plan of ways and means to raise municipal funds (propios y arbitrios) for 
the Ayuntamientos of the Territory of the Upper California. 

Art. 1st. The Ayuntamientos will proceed by ordinary channels to solicit, 
that, to each Town and City, lands for common and for Town and City prop- 
erty be assigned. (Se senalen a cada pueblo terrenos para ejidos y para 
propios — that lands for ejidos and propios be designated to each pueblo.) 

2d. Town and City landed property (los terrenos de propios) so to be assign- 
ed to each Town and City, will be subdivided into middling and small sized 
lots ; and the same may be rented or leased to the highest bidder or bidders. 
Actual possessor or possessors of town or city property (propios) will pay such 
annual ground rent as at the discretion of the Ayuntamientos after an investi- 
gation of three intelligent and honest men having been had, may be imposed 
upon them. 

3d. Upon the concession of a building-lot for the erection of houses or places 
of abode, the party and parties interested will pay six dollars and a quarter for 
each building-lot of one hundred varas square ; and so on ; progressively or 
diminutively he or they will pay at the rate of one quarter of a dollar for each 
front vara. 

4th. The Constitutional Ayuntamientos within their respective demarcation 
may for the time being allow to be used such branding irons as at the instance 
of the parties, may be filed for registration ; and collect at the time of allowing 
the same for each of such branding irons the sum of one dollar and a half to be 
applied to municipal funds. 

5th. The Political Chief (Governor) will please to order so as to be publicly 
known that a party now using a branding-iron which is not so registered, shall 
produce the same in the town or city house of the proper jurisdiction, for the 
purpose of obtaining a proper license upon being so registered ; for which an 
equal sura as assigned in the 4th Article is likewise to be paid. 

6th. For slaughtering each head of cattle, being for the public supply or 
market, the owner or owners will pay half a real, and the like sum for slaught- 
ering each sheep ; and two reals each hog or pig. 

7th. For each clothing store the owner or owners will pay one dollar month- 
ly ; and for each of the groceries of liquor stores, or stores for any other trade, 
half a dollar. 

8th. For each of the weighing or measuring prices, when sealed by the 
inspector, he or they will pay one real. 

9th. From the manager or managers of rope-dances, comedy, and puppet 
plays, two dollars will be collected for each performance. 



30 ADDENDA, NO. XVIII. 

10th. For billiard places, they will pay one dollar monthly. 

11th. In the ports of Monterey. San Francisco, Santa Barbara, San Pedro 
and San Diego, every national vessel, not being a vessel of war, will pay as 
municipal duty, half a real for each package landed for commercial purposes ; 
and foreign vessels of the like class will pay one real for a package landed in 
said ports. 

12th. It will be solicited from the Supreme Government that the two reals 
tunnage-duty on foreign vessels, which, according to the 4th Article of the 
Custom House regulations of 16th of November, 1827, were allowed to the 
States, be granted to this Territory for municipal funds, which are to supply 
the treasury of the Deputation. 

13th. Enterprisers of fishing and shooting of otters, will pay for each skin 
of the size of a vara, and so on, four reals, and the like sum for each of the 
beaver's skins. 

14th. All fines or pecuniary penalties which may hereafter be imposed for 
light offenses by the Constitutional Alcaldes, and even by the Political Chief, 
will be applied to municipal funds. 

15th. The municipal duty heretofore paid on national liquors, will be from 
the time of the passing hereof, reduced to three dollars on a barrel of brandy, 
two dollars on each of the " angelica," and one dollar and a half on each of 
wine, which duty will be paid at the port where the same may be introduced 
by the importer or importers. 

16th. On foreign brandy hereafter introduced for commercial purposes into 
this Territory, one dollar will be paid for a gallon as municipal duty ; at the 
like rate it will be paid on gin ; and on wine and beer it will be at the rate of 
four reals a gallon. 

17th. A voluntary contribution is established to every vessel, national and 
foreign, anchoring in the bay of Monterey, for the exclusive purpose of building 
a wharf ; each captain, supercargo, or owner of vessel will give what he may 
spontaneously please ; the produce of this contribution will be collected and 
kept by the harbor-master under his charge ; and the same will be employed 
on the construction of such a wharf, and on this work being finished, said con- 
tribution to cease. 

18th. For each public sale wherein commercial goods are sold to the highest 
bidders, the auctioneer or auctioneers will pay three dollars as municipal duty. 

19th. Taking into consideration the want of funds for ordinary expenses and 
principal works of the town, according to the power 4th, article 335 of the 
constitution in force, and after the assent of the Political Chief is given thereto, 
the taxes, customs and excise determined in Articles 3, 4, 5, 6, 7, 8, 9, 10, 13, 
14, 15, 16, 17, and 18, will be enforced, which the said Political Chief will 
have published on the usual places for observance. 

20th. Account will be given to the Supreme Government of this designation, 
to solicit from the General Congress the approval thereto. 

21st. The Political Chief will notify the controller of the Marine Custom 
House to report to the " Ayuntamiento " of the Capital, the quantity and kind 
of liquors that he may hereafter guage from each vessel, in order the same may 
in view of said report take such measures as may be deemed most proper to 
avoid fraud. 

And for the purpose that it may be publicly known, this will be published, 
and due observance given thereto, by posting the same on the public places, 
and in a circular to those who are to watch the observance thereof. 

Given at Monterey, on the 6th day of August, 1834. 

JOSE FIGUEROA. 

Agustin Y. Zamorano, Secretary. 



ADDENDA, NO. XIX. 31 



No. XIX. 

[Halleck's Sep., Appendix No- 14; 1 Rockwell, 456; and from the end of Art. 23d, Jones' 

Rep., page 65.] 

Governor Figueroa's Provisional Rules for the Secularization of the Missions. 

Article 1. The Governor, agreeable to the spirit of the law of the seven- 
teenth August, 1833, and to the instructions which he has received from the 
Supreme Government, will, with the cooperation of the Prelates of the Mis- 
sionary Priests, partially convert into pueblos the Missions of this Territory, 
beginning in the next month of August, and commencing at first with ten 
Missions, and afterwards with the remainder. 

Art. 2. The Missionary Priests will be exonerated from the administration 
of temporalities, and will only exercise the functions of their ministry in mat- 
ters appertaining to the spiritual administration until the formal division of 
parishes be made, and the Supreme Government and Diocesan provide Curates. 

Art. 3. The Territorial Government will reassume the administration of 
temporalities in the directive part, according to the following bases. 

Art. 4. The Supreme Government will, by the quickest route, be requested 
to approve of these Provisional Regulations. 

DISTRIBUTION OF PROPERTY AND LANDS. 

Art. 5. To every individual head of a family, and to all those above twenty- 
one years of age, although they have no family, a lot of land, whether irrigable 
or otherwise, of not exceeding four hundred varas square, nor less than one 
hundred, shall be given out of the common lands of the Missions ; and in com- 
munity a sufficient quantity of land shall be allotted them for watering their 
cattle. Common lands shall be assigned to each pueblo, and, when convenient, 
municipal lands also. 

Art. 6. One-half of the self-moving property (cattle) shall be distributed 
among the said individuals, in a proportionable and equitable manner, at the 
discretion of the Governor, taking as a basis the last accounts of all kinds of 
cattle presented by the Missionaries. 

Art. 7. One-half or less of the chattels, instruments, and seeds, on hand 
and indispensable for the cultivation of the ground, shall be divided proportion- 
ably among them. 

Art. 8. The remainder of all the lands, landed property, cattle, and all 
other property on hand, will remain under the care and responsibility of the 
Mayordomos, or other officers whom the Governor may name, at the disposal of 
the Supreme Federal Government. 

Art. 9. From the common mass of this property the subsistence of the 
Missionary Padres, the pay of the Mayordomos, and other servants, and the 
expenses of religious worship, schools, and other objects of policy and ornament, 
shall be provided. 

Art. 10. The Governor, having under his charge the direction of temporal 
affairs, will determine and regulate, according to circumstances, all the expenses 
necessary to be laid out, as well for the execution of this plan as for the conser- 
vation and augmentation of this property. 

Art. 11. The Missionary Minister will select the locality in the Mission 
which may best suit him for his own habitation and that of his servants and 
attendants ; and he shall be furnished with the necessary furniture and imple- 
ments. 

Art. 12. The library, sacred dresses, ornaments, and furniture, of the 
church, shall be put in charge of the Missionary Padre, under the responsibility 



32 ADDENDA, NO. XIX. 

of the person who acts as subscriber, and whom the Priest himself shall elect, 
and a reasonable salary be given for his troubles. 

Art. 13. General inventories shall be made of all property on hand in each 
Mission, with due separation and explanation of the different branches ; of the 
books, debit and credit, and all kinds of papers ; of the amount owing by and 
to the Missions ; which document and account shall be forwarded to the 
Supreme Government. 

POLITICAL GOVERNMENT OF THE PUEBLOS. 

Art. 14. The political government of the pueblos shall be organized in 
perfect conformity with the existing laws ; the Governor will give the neces- 
sary instructions to have Ayuntamieutos established and elections made. 

Art. 15. The economical government of the pueblos shall be under the 
charge of the Ayuntamientos ; but as far as regards the administration of 
justice in contentious affairs, they will be subject to the primary Judges of the 
nearest towns constitutionally established. 

Art. 16. The emancipated Indians will be obliged to assist at the indispen- 
sable common labor which, in the opinion of the Governor, may be judged 
necessary for the cultivation of the vineyards, orchards, and corn-fields, which 
for the present remain undisposed of, until the resolution of the Supreme Gov- 
ernment. 

Art. 17. Said emancipated Indians will render to the Missionary Priest 
the necessary personal service for the attention of his person. 

RESTRICTIONS. 

Art. 18. They cannot sell, burden, or alienate, under any pretext, the lands 
which may be given them ; neither can they sell their cattle. Whatever con- 
tracts may be made against these orders shall be of no value ; the Government 
will reclaim the property as belonging to the nation, and the purchasers shall 
lose their money. 

Art. 19. The lands whose owners shall die without heirs shall revert to the 
possession of the nation. 

GENERAL ORDERS. 

Art. 20. The Governor will name such Commissioners as he may see fit to 
carry this plan and its incidents into effect. 

Art. 21. The Governor is authorized to resolve any doubt or matter which 
may arise relative to the execution of these regulations. 

Art. 22. Until the;;e regulations be put in force the Keverend Missionary 
Padres are prohibited from slaughtering cattle in large quantities, except the 
common and ordinary number accustomed to be killed for the subsistence of 
the neophytes, without allowing any w r aste. 

Art. 23. The debts of the Mission shall be paid in preference, out of the 
common mass of the property, at the time and in the manner that the Governor 
shall determine. 

That the fulfillment of this law may be perfect the following rules will be 
observed : 

1st, The Commissioners, so soon as they shall receive their appointments and 
orders, shall present themselves at the respective Missions, and commence the 
execution of the plan, being governed in all things by its tenor and these regu- 
lations. They shall present their credentials respectively to the Priests under 
whose care the Mission is, with whom they shall agree, preserving harmony and 
proper respect. 

2d. The Priests shall immediately hand over and the Commissioners receive 
the books of accounts and other documents relating to property claims, liqui- 
dated and unliquidated ; afterwards, general inventories shall be made out, in 






ADDENDA, NO. XIX. 33 

accordance with the 13th Article of this regulation, of all property — such as 
houses, churches, workshops, and other local things — stating what belongs to 
each shop — that is to say, utensils, furniture, and implements ; then, what 
belongs to the homestead ; after which shall follow those of the field, that is to 
say, property that grows, such as vines and vegetables, with an enumeration of 
the shrubs, if possible, mills, etc. ; after that, the cattle, and whatever apper- 
tains to them ; but as it will be difficult to count them, as well on account of 
their number as for the want of horses, they shall be estimated by two persons 
of intelligence and probity, who shall calculate, as nearly as may be, the num- 
ber of each species, to b£ inserted in the inventory. Everything shall be in 
regular form in making the inventory, which shall be kept from the knowledge 
of the Priests, and under the charge of the Commissioner or Steward ; but 
there shall be no change of the order of the work and services, until experience 
shall show that it is necessary, except in such matters as are commonly changed 
whenever it suits. 

3d. The Commissioner, with the Steward, shall dispense with all superfluous 
expense, establishing rigid economy in all things that require reform. 

4th. Before he takes an inventory of articles belonging to the field, the Com- 
missioner will inform the natives — explaining to them with mildness and patience 
that the Missions are to be changed into villages, which will only be under the 
government of the Priests so far as relates to spiritual matters ; that the lands 
and property for which each one labors are to belong to himself, and to be 
maintained and controlled by himself without depending on any one else ; that 
the houses in which they live are to be their own, for which end they are to 
submit to what is ordered in these regulations, which are to be explained to 
them in the best possible manner. The lots will be given to them immediately, 
to be worked by them as the 5th Article of the regulations provides. The 
Commissioner, the Priest, and the Steward, shall choose the location, selecting 
the best and most convenient to the population ; and shall give to each the 
quantity of ground which he can cultivate, according to his fitness and the size 
of his family, without exceeding the maximum established. Each one shall 
mark his land in such manner as may be most agreeable to him. 

5th. The claims that are liquidated shall be paid from the mass of property : 
but neither the Commissioner nor the Steward shall settle them without the 
express order of the Government, which will inform itself on the matter, and. 
according to its judgment, determine the number of cattle to assign to the 
neophytes, that it may be done, as heretofore, in conformity with what is pro- 
vided in the 6th Article. 

6th. The necessary effects and implements for labor shall be assigned in the 
quantities expressed by the 7th Article, either individually or in common, as 
the Commissioner and Priest may agree upon. The seeds will remain undivided, 
and shall be given to the neophytes in the usual quantities. 

7th. What is called the priesthood shall immediately cease ; the female 
children whoru they have in charge being handed over to their fathers, explain- 
ing to them the care they should take of them, and pointing out their obliga- 
tions as parents. The same shall be done with the male children. 

8th. The Commissioner, according to the knowledge and information which 
he shall acquire, shall name to the Government, as soon as possible, one or sev- 
eral individuals, who may appear to him suitable and honorable, as Stewards, 
according to the provisions of the 8th Article, either from among those who 
now serve in the Missions or others ; he shall also fix the pay which should be 
assigned them, according to the labor of each Mission. 

9th. The settlements which are at a distance from the Mission, and consist 
of more than twenty-five families, and which would desire to form a separate 
community, shall be gratified ; and the appropriation of lands and other prop- 
erty shall *be made to them as to the rest. The settlements which do not con- 



34 ADDENDA, NOS. XIX, XX. 

tain twenty-five families, provided they be permanently settled where they now 
live, shall form a suburb, and shall be attached to the nearest village. 

10th. The Commissioner shall state the number of souls which each village 
contains, in order to designate the number of municipal officers, and cause the 
elections to be held, in which they will proceed conformably, as far as possible, 
to the law of June 12, 1830. 

11th. The Commissioners shall adopt all executive measures which the con- 
dition of things demands, giving an account to the Government, and shall 
consult upon grave and doubtful matters. 

12th. In everything that remains, the Commissioners., the Priests, Stewards, 
and natives, will proceed according to the provisions of the regulation. 

JOSE FIGUEROA. 

Augustin V. Zamorano, Secretary. 

Monterey, August 9, 1834. 



No. XX. 

REGULATIONS OF THE MISSIONS WHICH HAD BEEN SECU- 
LARIZED, NOV. 3d, 1834. 

[Halleck's Rep. App. 15 ; Jones's Report, page 60, No 10 ; 1 Rockwell, 461.] 

In the extraordinary session of the most excellent California deputation held in 
Monterey on the 3d OF NOVEMBER, 1834, the following regulations were 
made respecting the missions which had been secularized, agreeably to the 
supreme order of the llth August, 1833, and the provisional regulations of 
Governor Figueroa of the 9th August, 1834 : 

Article 1. In accordance with the 2d article of the law of the 17th 
August, 1833, the amount of 81,500 per annum is assigned to the priests who 
exercise the functions of parish priests in the curacies of the first class, and 
$1,000 to those of the second class. 

Art. 2. As curacies of the first class shall be reputed San Diego, San 
Dieguito, Sau Luis Rey, Las Flores, and ranches annexed ; San Gabriel and 
Los Angeles ; Santa Barbara, the mission and presidio annexed ; San Carlos, 
united to Monterey ; Santa Clara, joined to San Jose de Guadalupe, and San 
Jose, San Francisco Solano, San Rafael, and the colony. And the following 
shall be reputed of the second class : San Juan Capistrano, San Fernando, San 
Buenaventura, San Tnes and la Purisima, San Luis Obispo, San Miguel, San 
Antonio and La Solidad, San Juan Bautista, Santa Cruz, San Francisco de 
Assis, and the presidio. 

Art. 3. Agreeably to the 8th and 9th articles of said law, the reverend 
father commissary prefect, Father Francisco Garcia Diego, shall establish his 
residence in the capital, and the governor (gefe politico) shall request the 
reverend diocesan to confer upon said prelate the faculties appertaining to 
a foraneous vicar. He shall enjoy the salary of $3,000 assigned to him by 
said law. 

Art. 4. The foraneous vicar and the curates shall be judged, in all other 
respects, by said law of the 17th August, 1833. 

Art. 5. Until the Government can furnish permanent parish priests, the 
respective prelates of the missionaries (religions) shall do so provisionally, 
with the approbation of the governor. 

Art. 6. With respect to article 6th of said law, the $500 per annum shall 
be paid for public worship and for servants in each parish. 



ADDENDA, JSTOS. XX, XXI. 35 

Akt. 7. From the common stock of the property of the extinguished [sup- 
pressed] mission, the salaries of the foraneous vicar, the curates, and for religious 
worship, shall be paid either in cash (should there be any) or in produce or 
other articles at current prices. The governor will give the necessary orders 
to have this carried into effect. 

Akt. 8. The 17th article of the provisional regulations of secularization, 
which imposed upon Indians the duty of giving personal service to the priests, 
is annulled. 

Art. 9. With respect to the 7th article of said law, the governor will 
order localities to be appointed for the habitation of curates, for the court- 
house, schools, public establishments, and workshops. 

Art. 10. The other matters to which the observations of the reverend 
padre, Fr. Narcisco Daran, extend, as they are of easy resolution, will be 
settled by the governor, who is authorized to do so by the provisional regu- 
lations. 

Art. 11. This law, together with the opinion of the committee appointed 
to examine the above rations of Padre Daran on the provisional regulations, 
shall be communicated to the prelates for them to make it known to their 
subordinates. 

Art. 2, (addition to). The curacies which embrace two or more inhabited 
places will recognise the first one mentioned as the principal, and there the 
parish priest will reside, and in San Diego and Santa Barbara the missions will 
be the places of residence. 



No. XXI. 

EXHIBITS NOS. 1 AND 2 TO THE DEPOSITION OF M. G. 

YALLEJO. 

December, 1834. 

Order for election of an Ayuntamiento for the Partido of San Francisco, and 
election of the same. 
tt -. j Seal of the Political Government ) 

{ of Upper California. j 

The most excellent Territorial Deputation, using the powers conferred on it 
by the law of the 23d of June, 1813, on yesterday passed the following instruc- 
tions : 

" 1st. The Political Chief will direct that the partido of San Francisco pro- 
ceed to the election of an Ayuntamiento constitutional, which shall reside in 
the Presidio of that name, composed of an Alcaide, two Councilmen, and a 
Sindic Procurer, regulating itself in all respects, so as to be able to verify it, 
by the existing Constitution and the law of June 12, 1830.* 

" 2d. That account be given by the proper way to the Supreme Government 
for the due approbation." 

And I transcribe it to you for your information and compliance, recommend- 
ing that the election be carried into effect on the day appointed by the said law 
of the 12th of June. 

I also notify you that the Ayuntamiento, when installed, will exercise the 
political functions with which you have been charged, and the Alcalde the 
judicial functions which the laws, for want of a Judge of Letters, confer on 

* This should be July 12, 1830. See the Original Coleccion de Decretos por 1829-1830, 
pages 113, etc. 



36 ADDENDA, NOS. XXI, XXII. 

him ; you remaining restricted to the military command alone, and receiving in 
anticipation the thanks due for the prudence and exactness with which you 
have carried on the political government of that demarcation. 

God and Liberty ! 
Monterey, November 4, 1834. 

JOSE FIGUEROA. 
To the Military Comandante of San Francisco. 

No. 2. 
In the Presidio of San Francisco, the 7th day of December, 1834, the Mu- 
nicipality of the Demarcation assembled in the house of the Comandancia. 
The corresponding order of convocation being previously given for the purpose 
of holding the primary Junta for voting for the electors who are to meet in 
secondary ( junta) on the first following Sunday, for the purpose of electing the 
individuals who are to compose the new Ayuntamiento for this Comprehension, 
and who are to hold office for the coming year of 1835, in compliance with 
what is ordered by the Political Chief, on the 4th of November of this year, 
in virtue of the resolution on the matter by the most excellent Territorial 
Deputation, after the election of four secretaries, proceeded to the election of 
twelve electors, which number according to the assembled Municipality was 
found to correspond to it, and having counted the votes from which there 
resulted by majority. Citizens : Ygnacio Peralta with 27 votes ; Francisco 
Sanchez with 23 ; Francisco Soto with 20 ; Joaquin Castro with 19 ; Jose de 
la Cruz Sanchez with 17 ; Francisco de Haro with 16 ; Manuel Sanchez with 
15 ; Juan Miranda with 15 ; Antonio Castro with 12 ; Manos Briones with 9, 
and Apolonario Miranda with 9 ; from which it resulted that the said gentle- 
men were elected ; and they were notified of it, and the act being concluded, 
the President and Secretaries signed the present act. 

FRANCISCO DE HARO, 
FRANCISCO SANCHEZ, 
JOAQUIN CASTRO, 
JUAN MIRANDA. 



No. XXII. 

EXHIBIT No. 5 TO DEPOSITION OF M. G. YALLEJO. 

Approval of choice of Alcalde for Contra Costa, by Governor Figueroa. 

j Seal of the Political Government ) 
( of Upper California. \ 

The appointment you have made in favor of the citizen Gregorio Briones, as 
auxiliary Alcalde in the Contra Costa, seems to me very well, and consequently 
has my approval. I say this to you in answer to your official note on the 
matter of the 22d ultimo. 

God and Liberty ! 
Monterey, January 31st, 1835. 

JOSE FIGUEROA. 
Senor Constitutional Alcalde of San Francisco de Asis. 



ADDENDA, NOS. XXIII, XXIV. 37 



No. XXIII. 

EXHIBIT No. 14 TO DEPOSITION OF R. C. HOPKINS. 

Order of Governor Figueroa for the election of an Ayuntamiento for the 
PUEBLO of San Francisco, January 31st, 1835. 

Con el ofo de Y. de 23 del que acaba es en mi poder el Padron 
general de los habitantes que tiene esa poblacion de San Francisco 
[seat,.] de Asis. 

Como esta prevenido por la ley de 23 de Mayo de 1812, que se 

reputa vigente que cada pueblo tenga su Ayuntamiento y correpon- 

diendole a ese por su senso un Alcalde, dos Regidores, y un Sindico Procurador, 

dispondra Y. que desde luego se verifiquen las elecciones para la formacion del 

Ayuntamiento con total arreglo a la ley de 12 de Junio de 1830. 

Dios y Libertad ! 
Montekey, Erno 31 de 1835. 

JOSE FIGUEROA. 
Sr Dn Joaquin Estudillo, Oomandante de S n Francisco de Asis. 

[TRANSLATION.] 

With your official note of the 23d of the ending month, is in my 
possession the general list of the inhabitants of the population of 
[seal.] San Francisco de Asis. 

By the law of 23d of May, 1812, which is considered in force, it 
is provided that each pueblo shall have its Ayuntamiento, and 
according to the census of that town there shall be elected one Alcalde, two 
(Regidores) Directors, (y un Sindico Procurador) and one Attorney-General, 
therefore you will dispose hereafter the election to verify the formation of the 
Ayuntamiento with all the rule of the law of 12th June, 1830. 

God and Liberty ! 
Monterey, January 31st, 1835. 

JOSE FIGUEROA. 
Sr Don Joaquin Estudillo, O te de San Francisco de Asis. 



No. XXIY. 

EXHIBIT F TO DEPOSITION OF R. C. HOPKINS IN THE CASE 

[California Archives, Yol. VI, Prefecturas and Juzgados, Benicia, 122.] 

Governor Figueroa decides, August 6, 1835, that the distribution of house-lots 

and sowing-lots at Yerba Buena does not belong to the Ayuntamiento. 

July 15th, 1835— F. 
Justice Haro to Governor Figueroa. 

Court of First Instance 
of San Francisco de Asis. 

Don Jose Joaquin de Estudillo has presented himself to me, asking permis- 
sion to build his house on the beach (playa) of Yerba Buena, the anchorage of 
vessels, and that there be also conceded to him sowing lands. Tour Senoria 



! 



38 ADDENDA, NOS. XXIV, XXV. 

will inform me if this Ayuntamiento has authority to permit him to do so, and 
also to concede him lands for cultivation in that vicinity. 

God and Liberty ! 
San Francisco de Asis, July 15th, 1835. 

FRANCISCO DE HARO. 



Reply of Governor Figueroa. 

Monterey, August 6th, 1835. 
Let him be answered that the distribution of lands for house-lots and for 
purposes of cultivation, in the place of Yerba Buena, does not belong to the 
Ayuntamiento. 



No. XXV. 

EXHIBIT No. 12 TO THE TESTIMONY OF R. C. HOPKINS. 

Espediente relative to the place called Laguna de la Merced, solicited by Jose 

Antonio Galindo. 

August to Sept., 1835. 

Stamp Third. Two Reals. 

Provisionally authorized by the Administration of the Maritime Custom 
House of Monterey, of Upper California, for the years eighteen hundred and 
thirty-four and eighteen hundred and thirty-five. 

A. RAMIREZ, 
FIGUEROA. 

Senor Political Chief: 

The citizen, Jose Auto. Galindo, before your Lordship in due form of law 
appears, and exposes that, finding himself with a numerous family, which con- 
sists of his mother, three brothers, and two sisters, he is in need, for their sub- 
sistence, of a tract of land, which is vacant, lying near San Francisco and 
Dolores (que se aya valdia en las immidaciones de S. Francisco y de Dolores), 
which tract of land is one league in width, and a half league, more or less, in 
length. The corresponding sketch he herewith presents, according to the law 
of the eighteenth of August, 1824; wherefore, he prays your Lordship that 
due action be taken on this petition, by which he shall receive a favor. I 
swear it is not in malice, etc. 

San Francisco, August 15, 1835. 

(Signed) JOSE ANTO. GALINDO. 

Monterey, September 5, 1835. 
In conformity with the laws and regulations on the matter, let the Ayunta- 
miento of San Francisco report whether the interested party in this petition 
has the requisite qualifications to be attended to in his petition (informe el 
Ayuntamiento de San Francisco si el interasado obtiene los requisitos) ; whether 
the land he solicits is within the twenty border leagues, or ten littoral ones, 
mentioned in the law of the eighteenth of August, 1824 ; whether it is the 
property of any individual, Mission, corporation, or pueblo, and whatever else 
may be conducive to elucidate the matter ; which being done, let the espediente 






ADDENDA, NO. XXV. 39 

(record) of proceedings pass to the Superintendent of the same, in order that he 
may state what he may see proper in the matter. 

D. Jose Castro, first member of the most excellent Territorial Deputation 
and Political Chief ad interim of the Territory of Upper California : thus 
ordered, decreed, and signed, of which I certify. 

(Signed) JOSE CASTRO. [Rubric] 

In accordance with the superior decree of the fifth of September of the 
present year, which appears on the margin of the petition made by the citizen 
Jose Antonio Galindo, in solicitation of the tract of land La Laguna de la 
Merced, the municipal authorities (Ayuntamiento) of this demarcation reply as 
follows : That the petitioner possesses the qualifications of being a Mexican 
citizen by birth, and of having served the nation in the capacity of a soldier, 
and of being an honest man, and that he supports his mother, an aged widow, 
with other children, contributing by his aid to the support of all, and in the 
preservation of the property which they possess. The land which he solicits is 
not comprehended within the twenty bordering leagues, but it is within the ten 
littoral ones ; but it has belonged to the Mission of San Francisco, from which 
it is distant, to the west, a little more than one league in a straight line. It is 
not farming land, not irrigable, nor is it irrigable farming land, but it is pasture 
land, for it can only be used to raise a small number of cattle at the said La- 
guna, for all the land is sandy, and produces pasture only fit for horses and 
cattle. For the purpose of cultivation it is altogether useless and barren. 

This is all that this corporation can say in relation to the matter to which 
the said superior order refers. 

San Francisco, September 10, 1835. 

(Signed) FRANCISCO DE HARO. 

F. Sanchez, Secretary. 

Seftor Political Chief, ad interim : 

In obedience to the superior decree of your Lordship, which provides that 
this record of proceedings (espediente) be transmitted to the Superintendent of 
this Mission, in order that he may state what he may see proper, I will say that 
the petitioner possesses the necessary qualifications to be attended to ; that he 
is a Mexican citizen by birth, and has served in the military career. The land 
which he solicits belongs to this community ; it is grazing land ; it is not within 
the twenty bordering leagues, but it is within the ten littoral leagues. 

It is at the distance of a little more than a league from said Mission, and is 
not in the occupation of the same ; but as the commons (ejidos) which shall 
belong to this place when it shall be constituted into a town (pueblo) are not 
yet designated (pero con motivo no estan aun senalados los ejidos 6 propios que 
me parecen quedaran a esta cuando se erije en pueblo), I do not know whether 
the said commons will embrace the said tract of land, and for this reason I can- 
not say with certainty whether the said place may be granted without prejudice 
to this community. 

Dolores, September 13, 1835. 

(Signed) GUMDO. FLORES. 

Stamp Third. Two Reals. 
Provisionally authorized by the Administration of the Maritime Custom 
House of Monterey, of Upper California, for the year eighteen hundred and 
thirty-four and eighteen hundred and thirty-five. 

ANGELO RAMIREZ, 
CASTRO. 



40 ADDENDA, NO. XXV. 

Monterey, September 22, 1835. 

Let this be transmitted to the Alcalde of this capital, before whom the inter- 
ested party, Don Jose Antonio G-alindo, will produce an information of three 
competent witnesses, who shall be examined upon the following points : 

1st. Whether the petitioner is a Mexican citizen by birth ; if he is a married 
man ; has any children ; and if he is of good conduct. 

2d. Whether the land he solicits is the property of any individual, Mission, 
corporation, or pueblo ; if it is farming, irrigable land, or not irrigable grazing 
land, and what may be its extent. 

3d. Whether he has personal property to occupy it, or can acquire it. 

These proceedings being concluded, the espediente shall be returned for final 
action to Don Jose Castro, first member of the most excellent Territorial Dep- 
utation and Superior Political Chief, ad interim, of Upper California : thus 
ordered, decreed, and signed, which I attest. 

(Signed) JOSE CASTRO. 

F. Del Castillo Negrete, Secretary. 

Monterey, September 22, 1835. 
Fees $4.00. Let the interested party be notified to produce the witnesses to 
be examined on the points comprised in the preceding superior decree ; let the 
required information be taken, and let the record of proceedings be returned to 
the Senor Superior Political Chief, that it may have the due effect. 

In assistance : Jose M. Maldonado, E. D. S PENCE. 

J. J. Estadillo. 

On the same date, the citizen Jose Antonio Galindo being present, the fore- 
going order was communicated to him ; and apprised of it, he said that he hears 
it, and that he presents as witnesses Messrs. Francisco Sanchez, Jose Fernan- 
dez, and Guadalupe Barcenos ; and he did not sign this, because, as he said, he 
did not know how ; and I did it with those of my assistance according to law. 

E. D. SPENCE. 
In assistance : Jose M. Maldonado, 
J. J. Estadillo. 

Immediately after, the citizen Francisco Sanchez being present, I adminis- 
tered to him the legal oath, which he made according to law, under which he 
offered to say the truth to the extent of his knowledge to the questions that 
should be put to him ; and being asked for his name, state, age, country, and 
religion, he said that his name is as above said, that he is a married man, twenty- 
nine years of age, a native of San Francisco in Upper California, and Roman 
Apostolic Catholic. 

Being interrogated upon the points prescribed by the superior decree of the 
twenty-second instant, he answered to the first, that he is a Mexican by birth, 
that he has no children, and is not married, and that he is of good conduct ; 
and he answers to the second, that he knows that the lands which the party 
solicits belongs to the Mission of San Francisco de Asis, that it is pasture 
land, and that its extent may be in length one league, and the greatest width 
half a league ; and he replies to the third, that he has farming stock, and pos- 
sesses property ; that all he has said is the truth, under the oath which he has 
taken, which he confirmed and ratified after this deposition was read to him, 
and he signed it with me, and those of my assistance. 

(Signed) DAYID SPENCE, 

In assistance : FRANCISCO SANCHEZ. 

(Signed) J. M. Maldonado, 
J. J. Estadillo. 



ADDENDA, NO. XXV. 41 

On the same date, Don Jose Fernandez being present, I administered to him 
the legal oath, under which he promised to answer the truth, to the extent of 
his knowledge, to the question that might be put to him ; and being asked as 
to his name, state, age, country, and religion, he answered, that his name is the 
same before mentioned, that he is a married man, of the age of thirty-six, a 
native of Cadiz, and an Apostolic Roman Catholic. 

Being interrogated to the same points as the preceding witness, he said to 
the first, that the party is a Mexican citizen by birth, that he is not married, 
nor has he any children, and that he is of good conduct ; and he answers to the 
second, that he knows that the tract of land which he solicits belonged formerly 
to the Mission of San Francisco, that he does not know whether at present it 
belongs to the Mission or not, that it is pasture land, and that its extent may 
be three-quarters of a league in length and one- quarter of a league in width ; 
and he replies to the third, that he has personal property to occupy it ; and 
that what he has said is the truth, under the oath he has taken, which he con- 
firmed and ratified after this deposition was read to him, and he signed it with 
me, and those of my assistance. 

(Signed) D. E. SPENCE. 

In assistance : 

(Signed) J. M. Maldonado, 
Jose J. Carrillo. 



Immediately after, I administered the legal oath to the citizen Guadalupe 
Barcenos, under which he promised to speak the truth, to the extent of his 
knowledge, in answer to the questions that might be put to him ; and being 
interrogated as to his name, age, country, and religion, he said, that his name is 
the same before mentioned, that he is a married man, and twenty-three years of 
age, native of San Francisco, and Apostolic Roman Catholic. 

Being interrogated to the same points as the two former witnesses, he said to 
the first, that the petitioner was a Mexican citizen by birth, that he is not mar- 
ried, and is of good conduct ; and he answers to the second, that he knows that 
the land which he solicits belongs to the Mission of San Francisco, but is not 
occupied by the same, that it is only pasturing land, and that its extent may be 
one league in length, and in breadth in some places half a league ; and replies 
to the third, that he has sufficient personal property to occupy it ; and that 
what he has said is the truth, under the oath which he has taken, which he con- 
firmed and ratified after this deposition was read to him ; and he did not sign 
because he said he knew not how, and I did it, with those of my assistance. 
(Signed) E. SPENCE. 

In assistance : 

(Signed) J. W. Maluvunde, 
J. J. Estudello. 

On the same date, the information required being ended, this record of pro- 
ceedings is returned to the same Supreme Political Chief, in compliance with 
what has been prescribed by the preceding decree ; in witness whereof, I note 
it down and affix my rubric. 

R. [l. s.] 

Monterey, September 23, 1835. 

In view of the petition with which this (espediente) record of proceedings 
begins the report of the municipal authority of this capital, the testimony^ of 
witnesses, together with whatever else was thought to the purpose, in conformity 
with the provisions of the laws and regulations on the matter, Jose Antonio 



42 ADDENDA, NOS. XXV, XXVI. 

Galindo is declared owner in full property of the land known by the name of 
La Laguna de la Merced. 

Subject to the conditions that may be stipulated, let the corresponding 
dispatch be issued, and note of it be taken in the respective book, and the 
espediente to be submitted to the most excellent Territorial Deputation for 
approval. 

Seiior Don Jose Castro, first member of the excellent Territorial Deputation 
and Political Chief, ad interim, of Upper California : thus ordered, decreed, 
and signed, which I attest. 

(Signed) JOSE CASTEO. 

Monterey, September 25, 1835. 

In session of this day, this espediente was referred to the Committee on 
Vacant Lands. 

(Signed) CASTRO. 

Due note has been taken upon page 74. 



No. XXYI. 

EXHIBIT No. 6 TO DEPOSITION OF M. G. YALLEJO IN THE 

CASE. 

October, 1835. 

The Ayuntamiento of San Francisco authorized to grant building lots. 

j Seal of the Political Government ) 
( of Upper California. [ 

The most excellent Territorial Deputation, in session of the tweuty-second of 
September, approved that the Ayuntamiento of that Pueblo may grant lots 
which do not exceed one hundred varas, for the building of houses in the place 
named Yerba Buena, at the distance of two hundred varas from the shore of 
the sea, paying to the Ayuntamiento the fees which may be designated to him 
[it ? que se la senale] as pertaining to the propios and arbitrios, and being 
subject to observe the order for forming the town in lines, [en linea de major 
policia] in accordance with the ordinance regulating the Police, which I com- 
municate to you that you may make it known to the inhabitants of that 
Pueblo, in order that they may not apply with their memorials to this 
Political Government, as it is one of the favors which the Ayuntamiento can 
grant. 

God and Liberty ! 

Monterey, October 27, 1835. 

JOSE CASTRO. 

Senor Alcalde de San Francisco de Asis. 



ADDENDA, NOS. XXVII, XXVIII. 43 



No. XXVII. 

EXHIBIT DOC. 9, FILED JANUARY 2d, 1857. 

Summons to the Mayordomo of the Mission of Dolores to settle the boundaries 
of the Buri Buri Rancho, November 2d, 1835. 

Nov. 2d, 1835 — Sanchez Rancho. 

Tribunal op First Instance ) 

of the Port of San Francisco de Asis. j 

Having to give possession to Don Jose Sanchez of the Rancho Buri Buri 
and the lands which pertain to it, according to the title of concession, which he 
has presented, and the plat (diseno) accompanying it, and he (esta parte) having 
already appointed his surveyor, according to previous arrangement, it remains 
for you, as the party in charge of that pueblo (ese pueblo) and community, and 
the only co-terminous neighbor (unico colindante) of Don Jose Sanchez, to pro- 
ceed to appoint also your surveyor, who must appear before this Tribunal 
(Juzgado) to-morrow morning at eight o'clock, in order that he and the other 
surveyor appointed by said Senor Sanchez may accept the appointment, and 
take an oath to execute this commission faithfully, according to custom ; con- 
sequently it will remain for me to appoint the day and hour when, with the 
assistance of all, I shall cause the said admeasurement and possession of the said 
Don Jose Sanchez to be perfected. 

God and Liberty ! 
San Francisco, November 2d, 1835. 

FRANCISCO HARO. 
To the Mayordomo of the Pueblo of Dolores, 

Don Guermecindo Flores. 



No. XXVIII. 

SUSPENSION OF SECULARIZATION OF THE MISSIONS. 

Mexican decree of the 1th November, 1835. 
[Halleck's Eep. App. 16; Jones's Keport, page 63, No. 14; 1 Eockwell, 462.] 

The President ad interim of the Mexican republic to the inhabitants thereof. 
Know ye that the General Congress has decreed the following : 

" Until the curates mentioned in the 2d article of the law of August, 1833, 
shall take possession, the government will suspend the execution of the other 
articles of said law, and maintain things in the state they were in before said 
law was enacted." 



44 



ADDENDA, NO. XXIX. 



No. XXIX. 

TRANSLATION OF DOCUMENT " C P L," IN THE CASE. 

May to December, 1835. 

RECORD OF PROCEEDINGS HAD BY THE RESIDENTS IN 
THE YICINITY OF SAN FRANCISCO, PRAYING THAT 
THEY MIGHT BE ALLOWED TO BELONG TO THE JURIS- 
DICTION OF SAN JOSE GUADALUPE. 

[An eminent specimen of the "circumlocution," or official style of translation as 
practiced by strangers to both, languages.] 

To H. E. the Governor : 

The residents in the adjoining Ranchos of the North, now belonging to the 
jurisdiction of the port of San Francisco, (el vecindario de los Ranchos del 
Norte, pertenciente a la jurisdiction del puerto de San Francisco,) with due 
respect to Y. E. : That being so great detriment and on seeing the evils result- 
ing from belonging to this jurisdiction, whereby they are obliged to represent 
to Y. E. that it causes an entire abandoning of their families for a year to 
those who attend the Judiciary functions and others who are called and are 
obliged to cross the Bay, properly speaking, for to go to such a port by land, 
we are sure there are more thau 40 leagues on going and coming back, and to 
go by sea we are exposed to be wrecked ; and as to abandoning our families, as 
above stated, it is evident that they will remain [without] protection from the 
malevolent persons, the detention and loss of labors and properties, being 
exposed to injury by animals ; although there is no lodging to be had in that port, 
where for a year an Ayuntamiento should be, with their families, after making a 
heavy transportation of necessary provisions for the term of their employment : 
wherefore, in view of the above statement, they pray Y. E. to be pleased to 
allow them to belong to the authority of this Town (pueblo) of S. Jose, recog- 
nizing a Commission of Justice, that this may correspond to that of the said 
San Jose as Capital, regarding the inhabiting, in these Ranchos the majority of 
the Vicinity and families. 

"Wherefore we humbly pray Y. E. to accede in favor of the parties interested 
a favor that we hope to receive. 

Ranchos of the North, San Antonio, San Pablo, and the Adjacent, 
May 30, 1835. 

ANTONIO M*. PERALTA, 

JOAQ*. YSIDRO CASTRO, 

BLAS NARBOES,f 

Z. BLAS ANGELENO, 

SANUAGO MESA,f 

JUAN JOSE CASTRO, 

GABRIEL CASTRO, 

ANTONIO CASTRO, 

CANDELARCO BALENCEN, 

JOSE PERALTA, 

FERNANDO FELES, 

ANTONIO AMEJAR,f 

JUAN BERNAL,f 

BISENTE PERALTA, 

MARCANO CASTRO,f 



ANTONIO YGERCE,f 
YGNACIO PERALTA, 
DOMINGO PERALTA,f 
BUNO YALENCBA,f 
JOAQN. MORAGO,f 
RAMON FORERO,f 
JOSE DUARTE,f 
FRANCO. PACHECO,f 
BARTOLO PACHECO.f 
MEREANO CASTRO,f 
FELEPE BRIONES,f 
JULIAN YELES,f 
RAFAEL FELES,f 
FRANCO SOTO,f 
FRANCO AMIGO.f 



Substance (Extraoto : Syllabus). 

The residents of the adjoining Ranchos of the North, petition that they be 
exempted from belonging to the jurisdiction of San Francisco on account of 



ADDENDA, NO. XXIX. 45 

the long distance, where they live, and great detriment resulting from causes as 
stated. They pray that they may be allowed to belong to the jurisdiction of 
the Town (pueblo) of San Jose Guadelupe, it being near [nearer] their places, 
(mas inmediato). 

Monterey, Augt. 12th, 1835. 
Let it be kept to be reported to the Deputation. 

Sept. 1st, 1835. 
On this day the same was reported and referred to the Committee on Gov- 
ernment. CASTEO. 

Most Excellent Sir : 

The Committee on Government being required to report upon the memorial 
which the parties subscribed thereto made to the Political Chief on the 30th 
day of May last, finds that the said memorial is grounded upon good reasons 
and public convenience, but as the subject should be considered upon proper 
reports for a due determination, the Committee is of opinion that the reports of 
the Ayuntamientos of the Towns of San Jose and San Francisco (los Ayunta- 
mientos de los Pueblos de San Jose y San Francisco) are required for that 
purpose. Therefore the Committee offers for the deliberation of the most Excl. 
Deputation the following propositions : 

1st. That this Espediente be referred to the Ayuntamientos of the Towns of 
San Jose and San Francisco, (los Ayuntamientos de los Pueblos de San Jose y 
San Francisco) in order that they report upon said memorial. 

2d. That after which the same be returned for determination. 

Monterey, Sept. 5, 1835. 

MAN L . JIMENO. 

Salveo Pacheco. 

Monterey, Sept. 10th, 1825. 

At the Session of this day the Most Excellent Deputation has approved the 
two propositions made in the report of the (Committee on Government. 

MANUEL JIMENO. 

Monterey, Sept. 28th, 1835. 

Let this Espediente be forwarded to the Ayuntamiento of the Town (pueblo) 
of San Jose Guadelupe for a report upon the prayer of the foregoing memorial 
and to that of San Francisco, (al de San Francisco) for the like purpose. 

The Ayuntamiento of the latter Town will moreover give a list of the resi- 
dents of the vicinity of the same, (un padron de los veciDos de ese Pueblo). 

Don Jose Castro, senior member of the M*. Excellent Territorial Deputation 
and Superior Political Chief of the Upper California, thus commended, decreed 
and signed this which I attest. 

JOSE CASTRO. 

Fran 00 , del Castello Negrete, Sec'y. 



In pursuance of the foregoing Supr. Order of Y. E., this Ayuntamiento begs 
to state the following : That with regard to the residents on the Northern 
Vicinity, now under the jurisdiction of San Francisco, and who in their memo- 
rial prayed to be exempted from belonging to that jurisdiction owing to most 
notable detriment occasioned to them now and then from having indispensably 
to cross the Bay or to travel upwards of 40 leagues, while on half their way 
they can come to this Town, (pueblo) under the jurisdiction of which they for- 



46 ADDENDA, NO. XXIX. 

merly were, which was most suitable and less inconvenient to them — this Ayun- 
tarniento thinks that their prayer should be granted — if it is so found right. 
Town (Pueblo) of San Jose Guadalupe, Nov. 4th, 1835. 

ANTONIO MA. PICO, 
IGNACIO MARTINEZ, Sec'y. 
JOSE BERREYESA. 



In pursuance of the direction in the Superior decree of the Political Chief 
ad interim, dated the 28th clay of September of the present year, and issued 
on that day upon the memorial made by the residents and the adjoining Ranchos 
of San Pablo and San Antonio, the Ayuntamiento of San Francisco (el Ayun- 
tamiento de San Francisco) begs to state the following : 

That in the opinion of the said Ayuntamiento the reasons assigned by the 
memorialists from being exempted from belonging to this jurisdiction are frivo- 
lous ; for what evils and detriments can result to them ? Which are the evils 
and detriments they have actually suffered ? And again, when then they will 
voluntarily make at least a little sacrifice for the good of their country ? What 
excitement can move them for the aggrandizement of the same ? How are 
they sure that only those of those Ranchos will be called to function in the 
Ayuntamiento for a year, and even taking it for granted that it is so, are" they 
the first who, to fulfil the duty of good citizens, leave their home, and family, 
and interest ? And yet, can they compare a service to be done by traveling 40 
leagues, as they state, and leaving their private business for some days, months, 
or even the whole year, with that of others, who, for the like purpose of serv- 
ing their country, have traveled of leagues in the interior of the Republic to 
go where they are called by law ? there have been several others of this very 
Territory, who, as electors, have left their homes, family, and interest, have 
traveled from San Francisco to San Diego, and other deputies to the General 
Congress have done the same from the Upper California to Mexico ; and how 
many are expected to make equal sacrifices for such a permanent interest of the 
public good and aggrandizement of the nation, of those who are to be terrified 
with most evident dangers of the sea, and traveling by land to the place where 
they are required by law to be. • 

The memorialists believe that only their private interest and family deserve 
their particular attention and appreciation, and that the constitutional laws 
have dispensed with or exonerated them from suffering as other wives and sons 
by the same laws willingly, as when their husbands, fathers, and brothers, or 
rather their benefactors, engage themselves in service of the country — but surely 
another kind of patriotism and public spirit move and excite this kind of ser- 
vants or citizens. 

The memorialists further say that they are exposed to be wrecked, for the 
place of their residence is beyond the sea, from where they have to come over 
in case they are appointed to aid in the Ayuntamiento : which are those Peraltas 
and Castros that have been wrecked on attending to their business affairs every 
time that any vessel comes to anchor in the Bay of Yerba Buena [?] Or how 
are they sure that wreck will only wait them when they are called to attend the 
service of their country ? (Llamados por la ley hacer alguno servicio a su 
pueblo.) The fact is, that up to this time no such event has ever been heard or 
known of having occurred said gentlemen or others, on going on board of vessel 
in the Bay, or coming over to the Presidio. 

They further say that there is no lodging to be had in the Presidio, where they 
could live for a year ; if they are required to attend the Ayuntamiento, which 
is untrue, (although allowing them to say so) for they depart from truth and 
purity, which they ought to have before an authority (as likewise to put in their 
memorial the names of other persons who did not know it, which can be referred 



ADDENDA, NOS. XXIX, XXX. 47 

to them,) for it is evident that the commandant of the Presidio found residences 
to the officers of the present Ayuntamiento, as soon as the same was installed. 
In conclusion, Sir, the land or coast where the memorialists live, had belonged 
to the jurisdiction of the Presidio since the former time, as besides the Bay of 
San Francisco is the one forming that of the same port, the Ranchos of Castros, 
which lies in the front of the same Presidio, (a little to the north) is only dis- 
tance by sea scarcely two leagues, and that of Peraltas on the west, a little 
more than two leagues, which was undoubtedly the fact and principles upon 
which the Honorable Deputation grounded its resolution of the latter part of 
1834, (depending upon that vicinity to proceed to the formation of the Ayun- 
tamiento (reporting to the Supreme Government and the Commanding General 
and Political Chief, being then the late Don Jose Figueroa, supported by the 
same reasons to as the corporation (la corporacion) proceeded to the complying 
of the resolution) — thus ordering the commandant only of San Francisco by as 
besides the said late Jose Figueroa had to cause the limits of the jurisdiction 
of San Francisco to be marked out (although for the time being) as proved by 
his official note now in this archive, that portion of land and vicinity was also 
incorporated. All this is brought to the superior knowledge of your Excellency 
in order that, notwithstanding the above statement, T. E. may direct what may 
be deemed proper on the subject. 

Port of San Francisco, Dec. 20, 1835. 

FRANCISCO DE HARO. 

Fran 00 . Sanchez, Sec'y. 



No. XXX. 

EXHIBIT No. 3 TO DEPOSITION OF M. G. YALLEJO IN THE 

CASE. 

Election of Electors of the Ayuntamiento in the Pueblo of San Francisco, in 
December, 1835 for 1836. 

In the Pueblo of San Francisco de Asis, on the 13th day of the month of 
December, 1835, the Municipality of this Demarcation in the Plaza of said 
Pueblo. The corresponding call being previously made by billets by its con- 
stitutional Alcalde, for the purpose of holding the primary junta to elect nine 
electors, which correspond according to the number of inhabitants of this sec- 
tion, and the said constitutional Alcalde having begun the matter as President, 
the said election took place by means of billets, which were successively pre- 
sented, all the citizens concurring ; which being made public by the Secretary, 
who was also the Secretary of the Ayuntamiento, they in continuation took 
notes, from which there resulted by majority for electors. Citizens Bartolo 
Bajorques with 16 votes; Jose de la Cruz Sanchez, 14; Felipe Briones, 14 ; 
Gabriel Castro, 13 ; Manuel Sanchez, 11 ; Francisco Sanchez, 11 ; Tgnacio 
Peralta, 11 ; Joaquin Estudillo, 11 ; Candalario Valencia, 10 ; who were offi- 
cially notified, and understood their appointments, and were to meet on Sunday, 
the 27th of the present month, in order to hold the electoral Junta, for the 
election of Alcalde, second Regidor, and Sindic Procurador, for the following 
year of 1836 ; and the act being concluded, the Junta dissolved, and the 
President and Secretary signed. 

FRANCISCO DE HARO, President. 

Francisco Sanchez, Secretary. 



48 ADDENDA, NO. XXXI. 



No. XXXI. 

EXHIBIT S TO DEPOSITION OF R. C. HOPKINS. 

Espediente of De Haro for the Rancho San Pedro. 

March 7th, 1836. 

Seal of the Third Class. Tvjo Reales. 

Provisionally authorised by the Maritime Custom House of Monterey of 
Upper California, for the years 1834 and 1835. 

To the Superior Political Chief: 

Francisco de Haro, appears in due form before your worship, and represents, 
that in consideration of having, more than a year since, presented himself to the 
Superior Power of the Territory, soliciting the grant of the tract of land of 
San Mateo, or San Pedro, or El Corral de tierra on the coast, (either one or 
the other) ; having in view the fact that the first is occupied by the Indians of 
the Pueblo of Dolores for the purpose of cultivation, and the third also oc- 
pied by the cattle of the same Pueblo, and being well satisfied, as has been 
well known for many years, that the tract of San Pedro is vacant and un- 
occupied, he therefore presents himself to the kindly consideration of your 
worship, soliciting that by virtue of your power you will grant to him the 
aforesaid tract of San Pedro, its extent being two leagues from North to South 
(according to the map which accompanies this) , so that he may place thereupon 
the stock that he possesses, this being sufficient for the place. 

Wherefore he solicits of your Excellency the said favor, which is just, not 
sought through malice, is necessary, etc. 

Port of San Francisco, 22d of November, 1835. 

FRANCISCO DE HARO. 

In conformity with the superior decree of your worship, commanding the 

Administrator of this Mission to report with regard to this expediente, I have 

to say, that the petitioner possesses the requisite qualifications, being a Mexican 

citizen by birth. The land that he solicits belongs to this community, is pasture 

land, suitable for crops, and irrigable ; it is not included in the twenty leagues 

(limitrofes) but in the ten litorally ; it is a little more than four leagues distant 

from this place and is now occupied by horses, being the most convenient spot 

¥ for this place, and the coast, it serves as a middle point for the use of both ; 

• r moreover the common lands (ejidos y propios) which I think will belong to 

this place, after it shall have become a Pueblo, have not yet been designated. 

It is certain that the said community has always occupied the land, and 

jj everything is as I have stated it. 

San Francisco de Asis, March 7, 1836. 

guen do. FL ORES. 

Monterey, March 14, 1836. 
In view of the preceding report, the petitioner's request cannot be granted. 
Let him be notified to that effect, and the espediente recorded in the archives. 
Sefior Don Nicolas Gutierrez, Political Chief (ad interim) of the Territory, 
thus orders, decrees, signs and duly attests. 

NICOLAS GUTIERREZ, 
FRANCISCO DEL CASTILLO, 
Negrete. Secretary. 



ADDENDA, NOS. XXXII, XXXIII. 49 

At the same date the party interested was duly notified by means of a 
dispatch. 

CASTILLO. 



No. XXXII. 

Order for the Resurvey of the Buri-Buri Rancho. 

March 15th, 1836. 

EXHIBIT NO. 1 TO DEPOSITION OF R. C. HOPKINS, IN- 

THE CASE. 

[Seal.] Under this date I have written as follows to the constitutional Alcalde 
of the Port of San Francisco, [al Alcalde Constitutional del Puerto de San 
Francisco.] 

" By the proceedings heretofore had in regard to the possession held by the 
" Indians who occupy the tract of land lying between the first willow-grove 
" (el primer sausal) and San Mateo, contiguous to the Eancho of Buri-Buri 
" which belongs to Don Jose Sanchez, it appears that these Indians are in 
" lawful possession of this tract of land, according to the distribution which was 
" made conformably to the Regulation of Secularization. But having pro- 
" ceeded to the survey of four leagues of land granted by the Government to 
" Don Jose' Sanchez in the place called Buri-Buri without prejudice to the co- 
" terminous neighbors (los colindautes), the result is that in order to complete 
" the said four leagues of land they have measured as far as ' Laguna de las 
" Salinas,' including within these boundaries the lands occupied by these 
" Indians. For this reason the survey is wrongly made, because it has intruded 
" into the lands of strangers and, consequently, another survey should be had, 
" completing the four leagues of laud in some other direction (por otro rumbo) 
" as may be most suitable, leaving free the lands which the Indians now occupy, 
" and without causing damage to any other co-terminous neighbor." 

This I transcribe for your information, at the same time notifying the person 
who occupies the land in question that there shall be marked out to him the 
portion of land which belongs to him. in order to prevent controversies, and 
that every one may know what his boundaries are. 

Dios y Libertad ! 

Monterey, March 15, 1836. NICOLAS GUTIERREZ, 

Senor Administrator de San Francisco de Assis. 



NO. XXXIII. 

EXPEDIENTE OF THE PRESIDIAL PUEBLO OF MONTEREY 
RESPECTING ITS EJIDOS, OR SUBURBS. 

March 1836. 

[Exhibit " H " to Deposition of R. C. Hopkixs.] 

Constitutional Ayuntamiento of Monterey. 

On the 5th of December last, the Ayuntamiento of this port stated to your 
Antecessor (predecessor) as follows : 

4* 



50 ADDENDA, NO. XXXIII. 

" In session of the 5th of this month, the Ayuntamiento approved of the 
proposition made by the Committee on Vacant Lauds, in the report made by 
them in the espediente containing the petition of Gabriel Espinosa for a (solar) 
town lot, for building and laboring purposes, in a spot that belongs to the 
(ejidos) common lands, which proposition says " let inquiry be made (by means 
of an oficio) of the Superior Political Chief, whether it is his duty to grant the 
lands referred to, or whether it solely belongs to the Ayuntamiento to dispose of 
their common lands." In accordance with this decree, I call upon your wor- 
ship's attention to the matter, renewing the assurances of my respect :" 

And as up to date, no answer has been received, and as the expediente, con- 
taining the petition of the said Espinosa, which gave rise to this consultation, 
has been impeded, together with other proceedings of the same nature, the 
Ayuntamiento decided to transmit this to your worship, that you might advise 
them as to the matter ; wherefore I now do so, renewing the assurances of their 
consideration. 

JOSE R. ESTRADA. 

Jose Maria Maldoxado, Secretary. 



To the Superior Political \ 
Chief of the Territory : j" 

Monterey, Jan. 19, 183G. 
[Marginal Decree.] 

Let this be transmitted to the Assessor Attorney General of the Territory, 
for his report. 

GUTIERREZ. 

To the Ayuntamiento: 

It appears that Ramon Estrada, in soliciting the place called del toro, made 
his application to the Government, and the same course was taken by Juan 
Antonio Muiios with respect to the land called" Lapuerta del reyi Nacional," 
both of which are included in the limits of this Port. 

If Senor Espinosa solicits a town lot, for building a house, and land for culti- 
vation, under a lease for a limited time, the Corporation may grant it to him ; 
but if he desires the absolute ownership of the same, he must take the same 
course as the others above mentioned. Notwithstanding, the vote of the Ayun- 
tamiento has passed to the Assessor's ofhce, and I am waiting to inform you of 
the reply. God and Liberty. 

Monterey, Jan. 19, 1836. 

NICOLAS GUTIERREZ. 



The Ayuntamiento of this Port : 

Monterey, Jan. 23, 1836. 
In session of to-day the Ayuntamiento decided to suspend the discussion 
relative to common lands (ejidos) until the arrival of the " Consulta " and the 
report thereupon. 

ESTRADA. 
Jose Maria Maldonado, Secretary. 

Senor Political Chief: 

The power inherent in the Territorial Political Chiefs, with respect to grant- 
ing lands, should only apply to such lands as can be granted for the purpose of 
colonization, and which do not belong to any private individual or corporation ; 
and, as the (ejidos) common lands, as well as ail lands belonging to the '• fundo 
legal," are the absolute property of the Ayuntamiento, it is clear that, when 



ADDENDA, NO. XXXIII. 51 

such lauds are iu question, there should be no intervention whatever on the part 
of the Political Chiefs. The law, 4 title 16, lib 7, of the Xovisima Recopi- 
lacion, confers upon the Ayuntamientos of Municipalities the management of 
the lands of their fundos, and consequently authorizes them to lease them, put- 
ting them up at public auction, and advertising them by the public crier for 
nine days, afterwards appointing the day for their auction, and adjudging them 
to the best and highest bidders, provided that they shall not be persons pro- 
hibited by law 7, tit. 9, of the books aforesaid (who are " all the members of 
the Ayuntamiento, including its Secretary ") which lease shall endure for five 
years, in accordance with the Royal Resolution, published in Council on the 
27th of May, 1763, which revoked in this respect the instructions given by 
Charles the Third, for the Administrative Government of the property belong- 
ing to the " propios and arbitrios " of the Ayuntamientos, in which it was only 
permitted to lease for one year. 

By virtue of which the Assessor General of the Courts of 1st Instance of 
the Territory, gives, as his opinion, that your Excellency may return the present 
consultation to the noble Ayuntamiento, whence it proceeded, in order that, if 
it meets with your approbation, that body may submit itself to the aforesaid 
Supreme Resolutions. 

Monterey, Jan. 20, 1836. Co 5'^e OOSU - RE. PENA. 



In my former official note I promised to return you an " oficio," with the 
opinion of the Senor " Asesor," into whose hands it passed. This being ready. 
I transmit it to you, in company with the following declaracion relative to the 
subject. 

The Pueb!osthat have their Jurisdictional, but not their Municipal Boundary 
defined, should (by means of the Political Government) send their petition to 
the Deputation (which petition will be granted by that body ; for this purpose 
an exact map of the tract petitioned for must be enclosed, as was done in the 
last year, by this illustrious corporation, when it solicited that its municipal 
boundaries might be defined. The municipal termino having been defined, and 
the expenses of the Ayuntamiento being high, it may solicit, through the same 
channel, that within the boundary assigned, certain lands may be assigned to it 
as " propios," aud the Ayuntamiento may propose, in their petition, those which 
appear to be the most appropriate. To this effect it will annex to its petition 
a general account, including both its petty and extraordinary expense, graduated 
for the term of five years, so that the Deputation and Political Chief, being 
satisfied with them, may grant the petition. The " termino municipal " and 
the " terrenos propios " having been defined, the Ayuntamiento may define or 
assign that which it requires for " ejidos." It results that there is a great dif- 
ference in the significations of "Termino Jurisdictional" " Jurisdicion," "Ter- 
mino Municipal," " Terrenos de propios," and " Ejidos." 

For your better comprehension I will make a brief explanation : 

By " termino Jurisdictional," " Jurisdiction," " Partido," or " Distrito," is 
understood all that is comprised within the limits, to which the jurisdiction of 
the Alcalde or Judge of the Pueblo extends. 

By " termino Municipal," that land, which has been assigned to the Pueblos 
for the relief of their herds, within which neither the cattle nor inhabitants of 
neighboring pueblos can enter, for the purpose of grazing or cutting wood, 
without being denounced, unless they have some letter of commonalty. 

The " terrenos de propios : ' are lands assigned to the Ayuntamiento, so that, 
by leasing them to the best bidders, for a term not exceeding five years, they 
may defray their expenses by the proceeds ; and the Ayuntamiento may propose 
the amount of rent, mentioning it in the petition which is presented. The lands 
that remain, after the assignment of the " propios," and that are not granted 



52 ADDENDA, NO. XXXIII. 

to any person, remain as vacant lands, at the disposal of the government ; and 
as to those granted and confined within the " termino Municipal," a " censo " 
may be imposed upon them by assigning them as " de Propios," care being 
taken that all be conformable to the " reglamento of propios." 

And by " Ejidos," are understood lands that are immediate to, and in the 
circumference of the Pueblo, which serve both for the relief and the convenience 
of the inhabitants, (poblacion) who may keep therein a few milch cows and 
horses for their use, and to form walks or alleys which may adorn the entrance 
of the place, so that the ejidos may have a quarter or a half league around the 
town, which is sufficient for its ventilation, and the Ayuntainientomay dispose 
of these lands for building lots. 

If any further doubt should occur you may consult me upon the matter, so 
that everything may be duly explained. God and Liberty ! 

Monterey, Jan. 25, 1836. 

NICOLAS GUTIERREZ. 
To the Illustrious Ayuntamiento of this Port. 

Monterey, Jan. 30, 1836. 
In session of to-day, this was referred to the Committee on Lands. 

JOSE MARIA MALDONADO, Secretary. 

Blustrious Ayuntamiento : 

The committee on vacant lands (valdios) have duly considered the <: consultar " 
that the illustrious Ayuntamiento submitted to the Political Chief, and the re- 
port as to how this corporation should act with regard to its propios and ejidos, 
and the committee cannot, beyond a doubt, approve of any other course than 
that minutely set forth in the report of the Political Governor, of January 25 
last. 

The Committee, therefore, submits to this illustrious body the following 
proposition : 

That the expediente pass to the proper committee, that it may proceed to the 
formation of a general account of the expenses of the Municipality, in the 
forms prescribed by the Political Governor in his report of the 25th of Janu- 
ary last. 

Monterey, March 11, 1836. 

SANTIAGO WATSON. 

Bonifaciode \ 

Madariaya j" Monterey, March 21, 1836. 

In session of to-day, the Illustrious Ayuntamiento approved of the following 
proposition : 

1st. It approves of the proposition which concludes the foregoing report of 
the committee. 

2d. Therefore, let the expediente pass to the Committee of Finance " (de 
contaduriaj' in connection with those of" Arbitrios " and " Valdios," (vacant 
lands) in order that the first and second may set forth the expenses of this mu- 
nicipality, and that the third may prepare the maps of the lands to be solicited 
as " propios " of this pueblo and frame the petition to be presented to the 
Excellent Territorial Deputation. And by virtue of and in compliance with 
this decree, let the expediente pass to the aforesaid committees, who are re- 
quested to give the matter their prompt attention and report thereon as speedily 
as possible. 

ESTRADA. 

Jose Maria Maldonado, Secretary. 



ADDENDA, NOS. XXXIV, XXXV. 53 



No. XXXIV. 

GRANT OF LAND BY THE AYUNTAMIENTO OF SAN FRAN- 
CISCO TO WILLIAM RICHARDSON IN 1836. 

[Exhibit Y Z in the case.] 
Most Illustrious Ayuntamiento : 

William Richardson, a citizent and resident of this Port, in due form repre- 
sents that he is resolved to establish himself in Yerba Buena, and for that effect 
requires to build a house, for which he applies to your Superiority, by using 
your faculties to deign to grant him a lot of one hundred varas square, in 
Yerba Buena, in front of the Plaza and anchorage of the ships. 

For which effect I request that you will deign to grant this my petition, 
which is on common paper, there being no stamp as corresponds. 

San Fkancisco, June 1, 1836. 

(Signed,) WM. RICHARDSON. 

This Corporation being satisfied of the good services that the party request- 
ing has rendered to this jurisdiction since his arrival in this country, with his 
different trades as bricklayer, surgeon and carpenter, and having married one 
of the first in the country, and that the said party has resolved to follow his 
good conduct, this Corporation has concluded to grant to Mr. William Rich- 
ardson the lot of one hundred varas square, which he requests in Yerba Buena, 
so that he may establish himself there with his family. 

Date as above. 

JOSE JOAQUIN CARRILLO, 

Alcalde Constitutional. 



No. XXXV. 

Exhibits No. 8 and 9 to Deposition of M. G. Yallejo. 

ELECTION FOR THE AYUNTAMIENTO OF 1838. 

December 3d, 1837. 

In the Pueblo of San Francisco de Asis, on the third day of the month of 
December, one thousand eight hundred and thirty-seven, the municipality of 
this comprehension being assembled in the plaza of said Pueblo, for the pur- 
pose of celebrating the " Junta primaria,'* according to custom and the laws 
on the matter ; the act of voting having first taken place for president, secreta- 
ries, and the corresponding inspectors, and consequently the first in continuation 
(proceeded) to take the votes, according to the order of the tickets previously 
distributed by the committee appointed for this purpose, and in conclusion of 
every act. The regulation of suffrages being made, it resulted in favor of each 
one of the citizens present ; from it then resulted electors by the majority of 
votes given, citizen Francisco Guerrero with 29 votes, Francisco de Haro with 
26, Vicente Miramontes with 21, Antonio Maria Peralta with 20, Jose An- 
tonio Alviso with 17, Juan Bernal with 16, Leander Galindo with 15, Juan 
Cornelio Bernal with 14, Domingo Sais with 13, which was made known to 
them for their information, by means of an official letter which will serve them 
for credentials, and this act being concluded, the Junta was dissolved, and there 



54 ADDENDA, NOS. XXXV, XXXVI. 

was recorded officially all that had been done, which was signed by the presi- 
dent, secretaries and inspectors, this day of its date. 

President, 
FRANCISCO DE HARD. 

Secretaries, 
FRANCISCO G. PALOMARES, 
FRANCISCO SANCHEZ. 

Inspectors, 
ANTONIO MARIA PERALTA, 
J. DE LA C. SANCHEZ. 



JANUARY 8th, 1838. 

In the Pueblo of San Francisco de Asis, on the eighth day of the month of 
January, one thousand eight hundred and thirty-eight the electors of this mu- 
nicipality, citizens Francisco de Haro, Francisco Guerrero, Antonio Maria 
Peralta, Jose Cornelio Bernal, Jose Antonio Alviso, Juan Bemal, Leaudro 
Galenclo, Domingro Sais and Vincente Miramontes, being assembled in the 
Constitutional Hall of said Pueblo to celebrate the secondary Electoral Junta, 
the reading of the Act of the previous Sunday the 3d (inst.), was proceeded 
to, and having been approved in continuation (they proceeded) to the appoint- 
ment of the committee to examine the credentials of said Senores, which were 
also approved ; in continuation the voting for Alcalde was commenced by 
means of tickets, aud the computation of votes being made, citizen Francisco 
de Haro resulted (elected) by a majority of four votes ; for which reason, and 
because no objection was presented against the person elected, he remained in 
effect elected Alcalde for the present year of 1838. In continuation they pro- 
ceeded to vote for 2d Regidor, and being performed in the same terms as the 
preceding, and the computation of votes made, citizen Domingo Sais received 
the majority of four votes, wherefore he was elected 2nd Regidor ; in continua- 
tion the voting was continued for " Sindico Procurador," in the same form as 
those before appointed, and from it resulted citizen Jose Rodriguez, uniting the 
majority of five votes, aud in effect he was elected " Sindico." Lastly, having 
asked if there was any objection against any of those elected, and none having 
been presented, they were approved, and the whole act was considered as con- 
cluded, and it was recorded officially, which the President and Secretary signed 
this day of its date. 

IGNACIO MARTINEZ, 
FRANCISCO SANCHEZ. 



No. XXXVI. 

GRANT OF LAND BY FRANCISCO SANCHEZ, MILITARY COM- 
MANDANT, TO APOLONARIO MIRANDA, NOVEMBER 16, 

1838. 

Prefect's Grant of 100-Varas, Ojo de Agua de Figueroa. 

[Exhibit W in the Case.] 
To the Military Commandant: 

Apolinario Miranda, a Corporal of Squadron of the Company of San 
Francisco, comes before your Excellency and presents himself by means of this 
writing, and states that he is about leaving the service and he is desirous of es- 



ADDENDA, NOS. XXXVI, XXXVII. 55 

tablishing himself and family in the Presidio, and finding- that you have the 
power to grant lots, he requests that you will grant to him the lot known as the 
" Ojo de Figueroa," where he has provisionally built a house. 

To which effect he humbly begs that you will attend to his request, by which 
he will receive a favor and justice. 

Presidio of San Francisco. 

APOLONARIO MIRANDA. 



San Francisco, November 16, 1838. 
I hereby grant unto the party interested the lot he requests, as regulated bv 
laws, and it comprises one hundred varas square. 

SANCHEZ. 



No. XXXVII. 

GOVERNOR ALYARADO'S REGULATIONS RESPECTING MIS- 
SIONS, JANUARY 1839. 

[Halleck's Rep. App. 17; 1 Rockwell 462; Jones' Report, page 66; App. 17.] 

The fact of there not having been published in due season a set of regula- 
tions, to which the management of the administrators of the missions ought 
to have been subject from the moment the so-called secularization was attempted, 
having caused evils of great transcendency to this Upper California, as these 
officers, authorized to dispose without limit of the property under their charge 
do not know how to act in regard to their dependence upon the political govern- 
ment and that of the most excellent department junta, not being at present in 
session to consult with respecting the necessary steps to be taken under such 
circumstances, since the regulations of said secularization neither could nor can 
take effect on account of the positive evils attending the fulfilment thereof, as 
experience itself has demonstrated, has induced this government, in considera- 
tion of the pitiful state in which said establishments at present are, to dictate 
these provisional regulations, which shall be observed by said administrators, 
who will subject themselves to the following articles : 

Article 1. All persons who have acted as administrators of missions will, 
as soon as possible, present to the government the accounts corresponding to 
their administration for due inspection, excepting those persons who may have 
already done so. 

Art. 2. The present administrators who, at the delivery of their prede- 
cessors, may have received said documents as belonging to the archives, will 
return them to the parties interested, who, in virtue of the foregoing article, 
will themselves forward them to government, they being solely responsible. 

Art. 3. Said officers will likewise remit those belonging to their adminis- 
tration up to the end of December of last year, however long they may have 
been in office. 

Art. 4. Said officers will remit, as soon as possible, an exact account of 
the debts owing by and to the missions which at different times have been 
contracted. 

Art. 5. Under no title or pretext whatsoever shall they contract debts, 
whatever may be the object of their inversion, nor make sales of any kind 
either to foreign merchants or to private persons of the country, without the 
previous knowledge of government, for whatever may be done to the contrary 
shall be null and without effect. 



56 ADDENDA, NO. XXXVII. 

Art. 6. The amounts owed by the establishments to merchants and private 
persons cannot be paid without an express order from government, to which 
must likewise be sent an account of all such property of each mission as it has 
been customary to make such payments with. 

Art. 7. Without previous permission from said government, no kind of 
slaughtering of cattle shall take place, except what is necessary for the main- 
tenance of the Indians, and the ordinary consumption of the house ; and even 
with respect to this, the persons in charge will take care that, as far as possible, 
no female animals be killed. 

Art. 8. The traffic of mules and horses for woolen manufactures, which has 
hitherto been carried on in the establishments, is hereby absolutely prohibited , 
and in lieu thereof, the persons in charge will see that the looms are got into 
operation, so that the wants of Indians may thus be supplied. 

Art. 9. At the end of each month, they will send to government a state- 
ment of the ingress and egress of all kinds of produce that may have been 
warehoused or distributed, it being understood that the Indians at all times are 
to be provided for in the customary manner with such productions ; to which 
end the administrators are empowered to furnish them with those which are 
manufactured in the establishment. 

Art. 10. The administrators will in this year proceed to construct a build- 
ing, on account of the establishment, to serve them for habitation, and they 
may choose the locality which they may deem most convenient, in order that 
they may vacate the premises which they now occupy. 

Art. 11. They shall not permit any individual of those called de razon 
(white people) to settle themselves in the establishments while the Indians 
remain in community. 

Art. 12. They will at an early period present a census of all the inhabit- 
ants, distinguishing their classes and ages, in order to form general statistics ; 
and they will likewise mention those who are emancipated and established on 
the lauds of said establishments. 

Art. 13. The establishments of San Carlos, San Juan Bautista, and 
Sonoma are not comprehended in the orders of this regulation. The govern- 
ment will regulate them in a different manner ; but the administrators, who at 
different times may have had the management of their property, will be subject 
to the orders contained in articles 1 aud 2. 

Art. 14. They will likewise remit an account of all persons employed under 
them, designating their monthly pay, according to the orders which may have 
been given, including that of the reverend padres, with the object of regulating 
them according to the means of each establishment ; and these salaries shall 
not be paid now nor hereafter with self-moving property ; (cattle). 

Art. 15. The administrators will, under the strictest responsibility, fulfil 
these orders, with the understanding that, in the term of one month, they shall 
send the information required of them. 

Art. 16. Government will continue making regulations respecting every- 
thing tending to establish the police to be observed in the establishments, and 
the manner to be observed in making out the accounts. 

Art. 17. For the examination of these accounts, and everything thereto 
relating, the government will appoint a person with the character of inspector, 
with a competent salary, to be paid out of the funds of said establishments ; 
and this person will establish his office where the government shall appoint, and 
have regulations given therefor in due time. 



ADDENDA, NOS. XXXVIII, XXXIX. 57 

No. XXXYIII. 

Exhibit No. 10 to Deposition of M. G. Yallejo. 

ORDER FOR CONSTITUTIONAL ELECTIONS JANUARY 17th, 

1839. 

Juan Baptiste Alvarado, Governor ad interim, of the Department of the Cali- 

fornias : 

Whereas, it has become necessary to give due fulfilment to the law of No- 
vember 30th, 1836, sent in the last mail by the Supreme Government for its 
observance in the Department, directing its proper fulfilment, and that the 
elections be commenced for the organization of the Constitutional system, and 
desirous that in conformity to it there be established the authorities who are to 
act, I have ordered that for that object there be observed, in this Alta Califor- 
nia, the following articles : 

1st. The Constitutional Elections will be proceeded with conformably to the 
law of November 30th, 1836. 

2d. These elections will commence the first Sunday of next March, and will 
terminate the third of the same month. 

3d. According to the order which the Towns hold, there will be named an 
elector for each one of the following : San Francisco, San Jose, Yilla of 
Branceforte, Monterey and Santa Barbara, Los Angeles, and San Diego. 

4th. In accordance with the foregoing article, the Port of San Diego will 
recognize the city of Los Angeles as the head (cabecera) of Partido ; the Yilla 
of Branceforte, Monterey ; and the frontier of the north of San Francisco, 
the Port of that name. 

5th. This government will place itself in agreement with the Political Chief 
ad interim, of Baja California, in order that directing the corresponding elections 
in these towns (pueblos) full compliance may be made with what is directed by 
the laws. 

And that it may come to the notice of all, I order that it be published by 
proclamation, and be posted in the usual public places. 

Santa Barbaka, January 17, 1839. 

JUAN B. ALYARADO. 

[The following endorsement is on the outside of the within document :] 
I transmit to you this proclamation to which official communication of the 
17th of January, 1839, refers, and to which I annex it ; in order that being 
advised of its contents you may return it to me to record it. 

HARO. 

To the person in charge (Sor Encargado) of Contra Costa, Citizen Yg° 
Peralta. 



No. XXXIX. 

GOYERNOR ALYARADO'S REGULATIONS RESPECTING MIS- 
SIONS, MARCH, 1839. 

Regulations of Governor Alvarado respecting the missions of California, obli- 
gations of the mayordomos, inspectors, fyc, dated March 1, 1840. 
[Halleck's Rep. App. 18 ; 1 Rockwell, 466 ; Jones' Report, page 68 ; Appendix, 18.] 

Experience having proved in an undoubted manner that the missions of 
Upper California, for want of regulations organizing the management of the 



58 ADDENDA, NO. XXXIX. 

persons in charge of them, have in a short time suffered reverses and losses of 
great moment, the many abuses which were found to exist in the administra- 
tion of the property of said missions obliged this government to issue the 
regulation of 17th January last year ; but as it has been found that those have 
not been sufficient to root out the evils which are experienced, particularly on 
account of the high salaries with which the establishments are burdened, and 
which they cannot support, and being desirous to establish economy and a 
regular administration until the supreme government determine what it may 
deem proper, I publish the present regulations which are to be strictly observed : 

Article 1. The situations of administrators in the missions of Upper 
California are abolished, and in their stead mayordomos are established. 

Art. 2, These mayordomos will receive the following salaries : Those of 
San Diego and San Juan Capistrana, $180 ; those of Santa Barbara, San 
Luis Obispo, San Francisco de Asis, and San Rafael, $240 ; those of San 
Buenaventura, La Purissima, San Miguel, and San Antonio, $30<> ; those 
of San Fernando and Santa Prtres, $400 ; those of San Luis Rey and 
San Gabriel, 420; the one of Santa Clara, 480 ; and the one of San Jose 
$600. 

Art. 3. The former administrators may occupy said situations, provided, 
that they be proposed in the manner pointed out by these regulations. 

Art. 4. The situation of inspectors and the office established agreeable to 
the 17th article of the regulations of the 17th of January last year, shall 
continue, with a salary of $3,000 per annum, and his powers will be hereafter 
designated. 

OBLIGATIONS OF THE MAYORDOMOS. 

Art. 5. To take care of everything relative to the advancement of the 
property under their charge, acting in concert with the reverend padres in the 
difficult cases which may occur. 

Art. 6. To compel the Indians to assist in the labors of the community, 
chastising them moderately for the faults they may commit. 

Art. 7. To see that said Indians observe the best morality in their manners, 
and oblige them to frequent the church at the days and hours that have been 
customary, in which matter the reverend padres will intervene in the manner 
and form determined in the instructions given by the inspector to the admi- 
nistrators. 

Art. 8. To remit to the inspector's office a monthly account of the produce 
they may collect into the storehouses, and an annual one of the crops of grain, 
liquors, &c, and of the branding of all kinds of cattle. 

Art. 9. Said account must be authorized by the reverend padres. 

Art. 10. To take care that the reverend padres do not want for their 
necessary aliment, and furnish them with everything necessary for their personal 
subsistence, as likewise to vaqueros and servants, which they may request for 
their domestic service. 

Art. 11. To provide the ecclesiastical prelates all the assistance which they 
may stand in need of when they make their accustomed visits to the missions 
through which they pass ; and they are obliged under the strictest responsibility 
to receive them in the manner due to their dignity. 

Art. 12. In the missions where the said prelates have fixed residence, they 
will have the right to call upon the mayordomos at any hour when they may 
require them, and said mayordomos are required to present themselves to them 
every day at a cartain hour, to know what they may require in their ministerial 
functions. 

Art. 13. To furnish the priest of their respective missions all necessary 
assistance for religious worship ; but in order to invest any considerable amount 
in this object, they will solicit the permission to do so from government through 
the medium of the inspector. 



ADDENDA, NO. XXXIX. 59 

Art. 14. To take care that in the distribution of goods received from the 
respective office to the Indians, the due proportion be observed amongst the 
different classes and description of persons, to which end the reverend padres 
shall be called to be present, and they will approve of the corresponding list 
of distribution. 

Art. 15. To observe all the orders which they receive from the inspector's 
office emanating from the government, and to pay religiously all drafts addressed 
to them by said conduct and authorized by said government. 

Art. 16. They will every three months send to the respective office a list of 
the goods and necessaries they may stand in greatest need of, as well for covering 
the nakedness of the Indians and carrying on the labor of the establishment, so 
as to provide for the necessities of the priests and religious worship, so that 
comparing these requisitions with the stock on hand, the best possible remedy 
may be applied. They will take care to furnish the necessary means of 
transport and provisions to the military or private persons who may be traveling 
on the public service, and they will provide said necessaries as well for the 
before mentioned persons, as for the commanders of stations who may ask for 
assistance for the troops ; and send in a monthly account to the inspector, 
that he may recover the amount from the commissariat. 

Art. 18. They will likewise render assistance to all other private individuals 
who may pass through the establishments, charging them for food and horses an 
amount proportioned to their means. 

Art. 19. They will take care that the servants uuder them observe the best 
conduct and morality, as well as others who pass through or remain in the 
establishments ; and in urgent cases they are authorized to take such steps, as 
they may consider best adapted to preserve good order. 

Art. 20, They may without any charge make use of the provisions 
produced by the establishments for their own subsistence and that of their 
families. 

Art. 21. They may employ as many servants as they consider necessary for 
carrying on the work of the community, but their situations must be filled 
entirely by natives of the establishments themselves. 

Art. 22. Said mayordomos are merely allowed to request the appointment 
of a clerk to carry on their correspondence with the inspector's office. 

Art. 23. After the mayordomos have for one year given proofs of their 
activity, honesty, and good conduct in the fulfilment of their obligations, they 
shall be entitled (in times of little occupation) to have the government allow 
the Indians to render them some personal services in their private labors ; but 
the consent of the Indiians themselves must be previously obtained. 

Art. 24. The mayordomos cannot make any purchase of goods from mer- 
chants, nor make any sale of the produce or manufactures of the establish- 
ments, without previous authority from government. (Second.) Dispose of 
the Indians in any case for the service of private persons without a positive 
superior order. (Third.) Make any slaughtering of cattle, except what shall 
be ordered by the inspectors, to take place weekly, extraordinarily, or annually. 

obligations of the inspectors. 

Art. 25. To make all kinds of mercantile contracts with foreign vessels and 
private persons of the country for the benefit of the missions. 

Art. 26. To provide said establishments with the requisite goods and neces- 
saries mentioned in the lists of the mayordomos, taking into consideration the 
stock of each establishment. 

Art. 27. To draw the bills for the payment of the debts contracted by his 
office and those already due by the establishments. 

Art. 28. He shall be the ordinary conductor of communication between 
the government and the subaltern officers of said missions, as well as between 



60 ADDENDA, NOS. XXXIX, XL. 

all other persons who may have to apply to government respecting any business 
relative to said establishments. 

Art. 29. He will pay the salaries of the mayordomos and other servants, 
take care that they fulfil their obligations, and propose to government, in con- 
junction with the reverend padres, the individuals whom they may consider 
best qualified to take charge of the missions. 

Art. 30. He will determine the number of cattle to be killed weekly, 
annually, or on extraordinary occasions. 

Art. 31. He will form the interior regulations of his office, and propose 
to government the subalterns which he may judge necessary for the proper 
management thereof. 

GENERAL ORDERS. 

Art. 32. All merchants and private persons who have any claims on said 
missions, will in due time present to the inspector an account of the amounts 
due to them, with the respective vouchers, in order that the government may 
determine the best manner of settling them, as the circumstances of said mission 
may permit. 

Art. 33. With respect to the missions of San Carlos, San Bautista, Santa 
Cruz, La Solidad, and San Francisco Solano, the general government will 
continue regulating them as circumstances may permit. 

Art. 34. Officers and magistrates of all kinds are at liberty to manifest to 
government the abuses they may observe in those charged with fulfiling these 
regulations, so that a quick remedy may be applied. 

Art. 35. The government, after previously hearing the opinions of the 
reverend padres, will arrange matters respecting the expenses of religious 
worship and the subsistence of said padres, either by fixing a stated amount for 
both objects, or in some other manner which may be more convenient towards 
attending to their wants. 

Art. 36. All prior regulations and orders conflicting with the present are 
annulled ; and if any doubt occur respecting their observance, the government 
will be consulted through the established channel. 

Art. 37. During the defect or temporary absence of the mayordomos, the 
reverend padres will in the mean time take charge of the establishments. 



No. XL. 

Justice De Haro to the Governor. 

PETITION FOR LOTS IN YERBA BUENA, REFERRED TO GOV- 
ERNOR, FEBRUARY 27th, 1839. 

[California Archives, Vol. I, Juzgados, p. 282. Exhibit J to deposition of R. C. Hopkins in 

the Case.] 

Juzgado of San Francisco. 

I submit for the consideration of your Excellency the petitions of the citizens 
Yalencio and Jose Rodriquez for solars at the point of Yerba Buena, where, 
as they represent to me, they desire to settle. Your Excellency will resolve in 
relation to said petition, what may be judged proper. God and Liberty. 

San Francisco, February 27th, 1839. 

FRANCISCO De HARO. 



ADDENDA, NOS. XLI, XLIL 61 

No. XLI. 

NO JAIL AT SAN FRANCISCO IN FEBRUARY, 1839. 

[Exhibit K to Deposition of E. C. Hopkins in the Case. California Archives, Yol. I, of 

Juzgados, page 283.] 

Justice De Haro to Gov. Alvarado. No Means op Securing a 
Criminal in San Francisco. 

Juzgado of San Francisco. 

From the scattered condition of the inhabitants of the place, from the fact 
that each one has his agricultural and stock interests at a great distance, (from 
this place) it results, that there are very few remaining to guard the criminal 
Jose Anto. Galindo, and these cannot spare the time from their personal 
business. These facts induce me to consult your Excellency in relation to the 
removal of the said Galindo to the Pueblo of San Jose, since at that place 
there is a " pueblo unido," (united people) possessing the means of obtaining as- 
sistance and other circumstances wanting at this place, such as a jail and means 
of subsistence ; for these reasons I think it advisable to remove said Galindo to 
San Jose. Your Excellency will be pleased, however, to resolve in relation to 
the matter, and determine what is necessary to be done in the premises. 

God and Liberty. 

San Francisco, February 27th, 1839. 

FRANCISCO De HARO. 



No. XLIL 

ALCALDE DE HARO TO GOY. ALYARADO. REPORT OF PE- 
TITION OF FELIPE GOMEZ FOR LOT IN DOLORES, APRIL 
20th, 1839. 

[Exhibit L to Deposition of K. C. Hopkins. California Archives, Unhound Documents.] 

In compliance with the Superior Decree of the 20th of March, ulto. of this 
year, which is found upon the margin of the petition of Felipe Gomez for a 
house lot in the ex-mission of San Francisco de Asiz, I have to say : That in 
view of its being named as the cabecera of the Partido, with the title of Estab- 
lishment of Dolores, and that this circumstance gives it a character of Pueblo, 
and believing for this reason that the inhabitants who petition (for lots) may 
establish themselves in the same, there may be conceded to the petitioner the 
lot for which he asks, notwithstanding he does not designate a fixed place, or the 
number of varas. In case your Excellency shall see proper to concede the 
same, you will be pleased to dictate the necessary measures for the survey of the 
same, and the order to be observed with this and successive petitioners. 

Establishment of Dolores, April 20, 1839. 

FRANCISCO De HARO. 



62 ADDENDA, NO. XLIII. 



No. XLIII. 

GUERRERO, JUSTICE OF THE PEACE OF SAN FRANCISCO, 
PROCLAIMS CERTAIN MUNICIPAL LAWS FOR THE GOV- 
ERNMENT OF THE PUEBLO OP SAN FRANCISCO, MAY 

26, 1839. 

[Exhibit No. 15 to Deposition of E. C. Hopkins, California Archives, Vol. V, Monterey, 

page 413.] 

Fraucisco Guerrero, Justice of the Peace of this Section of San Francisco, 
of the Department of Alta California, desiring to promote the order and good 
management of the Pueblo under his charge, in conformity with Article 29th 
of the Sixth Law of the 30th of November, 1836, makes known : 

Art. 1st. That any one intending to open a public store shall apply to this 
Juzgado for a license, in order that he may know the Municipal taxes, accord- 
ing to the bando heretofore published by the Most Excellent Deputation, and 
the restrictions to be observed in his mercantile business, since without the said 
license nothing can be sold. Neither can any one who does not own property 
sell cattle, without acquainting this Juzgado of the fact. 

2d. That no hides shall be delivered unless they have the mark established by 
the Illustrious Ayuntamionto ; and persons making payments of hides shall give 
a memorandum that they have a right to do so, and if they do not they cannot 
remain in the Juzgardo until they have justified themselves. 

3d. No transactions shall be had with the children of a family, nor servants 
or domestics, without the knowledge of their parents, since otherwise they will 
be responsible under the law ; and the same rules are applicable to anything 
stolen or taken without the knowledge of the owner. 

4th. That all persons who may own stock in this community must have their 
brands and marks, which shall be registered, so that their property shall be 
known, which must not be without a mark ; inasmuch as it is necessary, when 
stock belonging to any one beyond this section is placed in the same : to make 
known when they are entered and when withdrawn, otherwise they cannot be 
claimed, nor can the charges be made unless notice is given as to their ad- 
mission. 

5th. No person who may have stock in this community shall mark their stock 
in the fields (campo,) nor brand beyond the time for branding, without inform- 
ing this Juzgado, or the Admr. of the Establishment of Dolores, the stock of 
the inhabitants (vecindario) being in his charge, nor sell any unmarked stock 
without proof that the same is his property. 

6th. That all the inhabitants owning stock shall meet at the Rodees which 
are given, at the appointed times, or shall send some one in their place, in case 
they shall not be able to attend, otherwise they shall pay one dollar to one who 
shall be appointed ; whereupon, on the meeting of the vecindario [inhabitants,] 
persons shall be appointed to take charge, who will be accompanied by the per- 
sons designated for the punctual discharge of their duties. 

7th. The wood-cutters shall pay fifty cents for each wagon going beyond the 
demarcation of the Pueblo. 

And in order that this may reach the notice of all, for its due fulfillment, it 
shall be posted in the public places. Given in the Pueblo of San Francisco 
on the 26th of May, 1839. 

FRANCISCO GUERRERO. 

V. Monterey, 413. 



ADDENDA, NOS. XLIV, XLV. 63 



No. XLIV. 

GUERRERO, JUSTICE TO THE PEACE OF SAN FRANCISCO 
TO PREFECT CASTRO, ABOUT SOLARES AT THE MISSION, 
JULY 15, 1839. 

[Exhibit 3NT to Deposition of K. C. Hopkins. California Archives, Vol. V, Monterey, 

p. 408.] 

Juzgado de Paz of San Francisco: 

The residents [vecinos] of this municipality have made various verbal repre- 
sentations to me, to the end, that through me they might receive the necessary 
license to establish themselves in this Establishment, where they are desirous of 
uniting themselves to form a settlement. This project is of public utility, 
which will result beneficially to the inhabitants, and the Government can be 
better administered in all its branches. All are now dispersed, [todos se hayan 
disperses.] and this condition of society is not the best for the present age, in 
which civilization is an object that particularly attracts the attention of the 
Departmental Government. I submit this proposition to your Senoria [wor- 
ship,] in order that on placing the matter before his Excellency, the Governor, 
he may be pleased to provide in favor of the inhabitants that make this repre- 
sentation through me, conceding to them the solares which they need in the said 
Establishment on which to build their houses, if the same should be within 
your authority ; or operate, if it should be necessary, and his Excellency should 
think it proper, in concert with the Most Excellent Departmental Junta. 

On saying this to your Senoria [worship,] I have the honor to protest the 
assurances of my esteem and regard. 

God and Liberty. 

San Francisco, July 15, 1839. 

FRANCISCO GUERRERO. 



No. XLY. 

GUERRERO, JUSTICE OF THE PEACE, NOMINATES TO THE 
PREFECT. JUAN FULLER, AS SYNDIC OF SAN FRAN- 
CISCO, JULY 20, 1839. 

[Exhibit No. 17 to Deposition of E. C. Hopkins, California Archives, Vol. Y, Monterey, 

page 422.] 

Juzgado of San Francisco. [Juzgado de Paz de S. F.] 

It is necessary to appoint a Sindico Procurator for this place [punto,] for 
the better management of the Municipal rents ; wherefore, I hope your Excel- 
lency, in the exercise of your authority, will be pleased to make the appoint- 
ment. 

I would propose to your Excellency, the appointment of Don Juan Fuller, as 
a suitable person to fill said office. 

God and Liberty. 

San Francisco, July 20. 1839. 

FRANCISCO GUERRERO. 

To the Sor Prefect of the 1st District. 



64 ADDENDA, NO. XLVI. 



No. XLVI. 

ESPEDIENTE HAD BY CITIZEN CORNELIO BERNAL, ON AP- 
PLICATION FOR THE PLACE CALLED LAS SALINAS. (177.) 
[Exhibit No. 13 to Deposition of R. C. Hopkins.] 
1835-1840. 
Stamp Third, Two Reals. 

Provided provisionally by the Marine Custom House of Monterey, for the 
years 1839 and 1840. Anto. Ma. Asio. 

Alvarado, Marine Custom House of) 
Monterey. [Place of Eagle.] j 

Jose Cornelio Bernal, a resident of San Francisco, before your worship 
appears and says : That having made an application for the rancho called 
Las Salinas to the late Governor Don Jose Figueroa, and the said Don 
Jose Figueroa having given me a document therefore, by way of a loan, 
I have resided in the said ranch up to the present time ; and I have consulted 
with the visitor and the superintendent of the said mission, they say that it does 
not need the said tract : and annexing hereto the document and sketch, as 
necessary, I pray your worship will be pleased to grant this my prayer, a favor 
which I hope to receive through the well known kindness of your worship. I 
swear as required, &c. 

Monterey, October 3, 1839. 

At the request of the petitioner, I signed. 

JORGE ALLEN. 

[The following order was written on the margin of the above petition.] 

San Juan de Castro, October 4, 1839. 
Let the Justice of the Peace of San Francisco report on the subject-matter 
of this petition, and next let it be transmitted to the Superintendent of the Es- 
tablishment of Dolores, in order to state what may occur to him. In the ab- 
sence of the Prefect. JUAN ANZAR. 



Justice Court of San Francisco, ) 
October 8, 1839. \ 

In accordance with the foregoing order regarding the application, I have to 
say, that it is sometime ago that citizen Jose Cornelio Bernal has possessed, 
with his cattle, the tract of land called the Rincon de las Salinas, and there are 
on the same private stock. It is dependent on the seasons ; it is not compre- 
hended within the twenty border leagues, but in the littoral ones ; and the said 
Bernal is recommendable for the services that he has rendered and is rendering 
in this municipality. 

F. GUERRERO. 

SUPERINTENDENCY OF THE ESTABLISHMENT OF DOLORES, } 

October 8, 1839. j" 

In conformity with the preceding order of 4th of October of the present 
year, the undersigned states, with regard to the application made by citizen 
Jose Cornelio Bernal, that this establishment is not in need of the tract of land 
petitioned by the said party, for the greater number of cattle belonging to the 
establishment is on the place called Los Pilarcitos, on the coast. 
Stamp third, two reals. 



ADDENDA, NO. XLVI. 65 

Provisionally provided by the Marine Custom House of Monterey, for the 
years 1839 and 1840. 

Alvarado, Antonio Maria Asio. 

JOSE DE LA C. SANCHEZ. 

•Monterey, October 10, 1839. 

Upon viewing the petition wherewith this espediente begins, the report of 
the Justice of the Peace of San Francisco, and that of the Superintendent of 
the Mission of San Francisco, and other proceedings which were had, and ought 
to have been viewed in conformity with the law and regulation, I do declare 
Don Jose Cornelio Bernal owner in full property of the place called Las Sali- 
nas, with the Potrero Yiejo, bounded by the Mission of San Francisco, the 
sea, and the lands of the Yisitacion. And its extent is one league, a little more 
or less, as explained in the sketch which is annexed to this espediente, to be 
subject to the conditions which shall be set out in the title. 

Don Manuel Jimeno Casarin, Chief Member of the Honorable Junta of the 
Department of California, in exercise of the government of the same, thus did 
command it, decree and sign. 

MANUEL JIMENO. 

Franciso C. Arce, Chief Officer. 



Office of the Sec'y of the Depart. Junta of Cal. ) 
Monterey, May 19, 1840. [ 

Account having been given of the (Espediente) to the Honorable Depart- 
mental Junta, the same resolved, at the session of this day, that it should be re- 
ferred to the Committee on Agriculture. 

JOSE Z. FERNANDEZ, Sec'y. 
On the 2 2d instant the Committee returned it with the accompanying 
opinion. 

FERNANDEZ. 

Monterey, January 2, 1835. 
[Place of a Stamp.] 

As from the foregoing reports it appears that the tract of land petitioned by 
Jose Cornelio Bernal is the property of the Pueblo of San Francisco De Asis, to 
which it serves as ejidos for the cattle of the community, (es de la propiedad 
del pueblo de San Francisco de Asis a quien sirve de ejidos para los ganados 
del comun,) his application is not admissible, as it cannot be granted in full 
property : but the party may retain his cattle there in the same way as the other 
citizens do, (que losMemas ciudadanos,) or apply for another place not appro- 
priated, in which case it will be granted. Let this determination be made 
known to the party, and the espediente be filed. Don Jose Figueroa, Brigadier- 
General, Commanding-General, and Governor of the Territory of Upper Cali- 
fornia, thus commanded it, decreed, and signed, which I attest. 

JOSE FIGUEROA. 

Agustin Y. Zamarano, Secretary. 



It agrees literally with the original, from which I caused the present copy to 
be made, at the request of the party, at Monterey, the 3d day of January, 1835. 
Citizens Brinfario Madacarga and Jose Ma. Castro, of this place, being wit- 
nesses thereto, which I attest. 

JOSE FIGUEROA. 
5* 



^e-i o 



m ADDENDA, NO. XLYI. 

Excellent Sir : — The Committee on Agriculture, instructed with reporting 
upon the application of Don Cornelio Bernal, upon viewing the proceedings 
had thereon, presents for the determination of your Excellency the following 
articles : 

Art. 1st. The grant made by the Governor, for the time being. Don Manuel 
Jimeno, of the tract of land called Las Salinas and Potrero Yrrgi^ to the person 
of Don Cornelio Bernal, is approved. 

Art. 2d. Let this Expediente be returned to the Departmental Government 
for expedient purposes. 

JOSE RAFAEL GONZALES, 
S. ARGUELLO. 

Monterey, May 20, 1840. 

Monterey, May 22, 1840. 
At the session this day, the Honorable Departmental Junta approved the 
two articles, wherewith the foregoing report concluded. 

M. JIMENO, President. 
Jose Z. Fernandez, Secretary. 

On the 30th of the same month, an authenticated copy of the preceding was 
given to the party.. 

Manuel Jimeno Casarin, Chief Member of the Most Honorable Junta of the 
Department of California, in exercise of the government of the same : 

Whereas, Citizen Cornelio Bernal has petitioned, for his personal benefit and 
that of his family, the place known by the name of Las Salinas, with the Po- 
trero Yiego, bounded by the Mission of San Francisco, the sea, and the lands 
of La "Visitation, all the steps and investigations concerning thereto having 
been had according to the requirements of the law and regulation, exercising the 
powers which were conferred upon me by the Mexican nation, I have granted 
to him the above mentioned tract of land, declaring to him the ownership 
thereof by these presents, to be subject to the approval of the Most Honorable 
Dept. Junta, and to the following conditions : 

1st. He may enclose it, without detriment to the passages, roads, and ease- 
ments, enjoy it freely and exclusively, applying it to such use or cultivation as 
may best suit him ; but within one year he shall build a house, and the same 
shall be inhabited. 

2d. He shall apply to the proper officer to give him juridical possession, by 
virtue of this title, by whom the bounds shall be marked out, at the limits of 
which he shall place, besides the landmarks, some fruit or useful forest trees. 

3d. The tract of land, of which mention is hereby made, consists of one sitio 
de Granada Mayor, a little more or less, as explained in the sketch attached to 
the Espediente. The officer who may give this possession may cause the same 
to be measured according to ordinance, the surplus thereof to remain to the na- 
tion for convenient purposes. 

4th. If he shall contravene these conditions, he shall forfeit his right to the 
lands, and they shall be liable to be denounced by another. 

Therefore, I do command that this title, being held as good and valid, record 
thereof be made in the book to which it corresponds, and it be delivered to the 
party interested, for his safety and other purposes. 

Given at Monterey, on the 10th day of October, 1839. 



ADDENDA, NO. XLVTI. 67 



No. XLVII. 

[Exhibit V to Deposition of R. 0. Hopkins.] 
ESPEDIENTE OF LEESE FOR THE RANCHO LA VISITATION. 

November, 1839. 
Seal of the Fourth Class. % Real. 
Provisionally authorized by the Maritime Custom House of Monterey for 
the years 1838 and 1840. 
Alvarado. ANTONIO M A - OSIO. 

Most Excellent Senor: 

The citizen Jacob Luis de Leese, with due respect, and in due form of law, 
represents to your Excellency, as follows : That being desirous of possessing a 
place suitable for raising cattle and horses, he solicits the tract known as " La 
Canada de Guadalupe and Yisitacion, situated in the corner (rinconadaa 
formed by the hill of San Bruno, being about one league from the Mission of 
San Francisco, in accordance with the accompanying map, excepting the 
" Rincon de las Salinas," which appears upon it ; defining as boundaries, the 
said rincon on the North, on the West, the royal road as far as the " Porte- 
suelo," on the South the ranchos of Don Francisco Haro and Don Jose 
Sanchez, and on the East the sea. 

Wherefore, I beg that your Excellency will grant this my petition, thereby 
conferring upon me a distinguished favor, I swearing that it is not made through 
malice, and whatever is necessary. 

Monterey, Nov. 14, 1839. 

JACOB P. LEESE. 

To the Governor of this Department. 

[Marginal decree.] 

San Juan de Castro, Nov. 16, 1839. 

Let the Justice of the Peace of San Francisco report as to the contents of 
this petition. 

Senor Prefect: 

In compliance with the marginal decree of your worship, I have the honor to 
report, that the petitioner possesses the legal qualifications required, that the 
land that he solicits may be granted to him, by virtue of his having formerly 
received permission from the Government of the Department to occupy it 
provisionally. 

San Francisco, Nov. 17, 1839. 

FRANCISCO GUERRERO. 



San Juan de Castro, Nov. 19, 1839. 
Let the above be transmitted to the most Excellent Governor of the 
Department in order that his Excelleucy may decide upon it, as he may 
deem fit. 

JOSE CASTRO. 

Monterey, July 31st, 1841. 
In view of the petition which commences this espediente, the report of the 
Justice of the Peace of the Port of San Francisco and that of the Prefect of 



68 ADDENDA, NOS. XLVII, XLVIII. 

the First District, with all other matters appearing, it seeming to be in con- 
formity with the laws and regulations concerning the matter, I declare Don 
Jacob P. Leese to be the owner of that tract of land known as the " Canada 
de Guadalupe, la Yisitacion and Rodeo Yiejo," it being bounded on the East 
by the sea, on the West by the royal road (camino real) and the Portesuelo, on 
the North by the rancho of Don Cornelio Bernal, and on the South by that of 
Don Jose Sanchez. Let the corresponding dispatch issue, and be copied in the 
proper book and let this Expediente be transmitted to the most Excellent 
Junta Departmental, for its approval. • 

Senor Don Juan B. Alvarado, Constitutional Governor of the Department 
of the Californias, thus order, decree, and sign, and which I attest. 

Juan B. Alvarado, Constitutional Governor of the Department of the 
Californias. 

Whereas, Don Jacob Luis de Leese has solicited, for his personal benefit and 
that of his family, the tract of land known by the names of " Canada de 
Guadalupe," " la Yisitacion," and " Rodeo Yiejo," bounded, on the East by 
the sea, on the West by the royal road (camino real ) and Portesuelo, on the 
North by the rancho of Don Cornelio Bernal, and on the South by that of Don 
Jose Sanchez, the necessary steps having been taken and investigations made, 
in accordance with the laws and regulations ; by virtue of the power conferred 
upon me in the name of the Mexican Nation, I hereby grant to the petitioner 
the aforesaid tract of land, declaring him the owner thereof, by these presents, 
subject to the approval of the most Excellent Junta Departmental and to the 
following conditions : 

1st. The petitioner may enclose the land without prejudice to the crossings, 
roads and public conveniences (servitudes), he may enjoy it freely and exclu- 
sively, devoting it to such use or cultivation as he may see fit, but within one 
year, he must build a house which shall be inhabited. 

2d. He shall apply to the proper judge who will give him legal possession in 
accordance with this decree, and will define the boundaries, at the limits of 
which, the petitioner, besides the usual landmarks, shall plant some fruit trees, 
or forest trees of some utility. 

3d. The said land is two square leagues, more or less, according to the map 
which accompanies the espediente. The judge who gives possession, shall have 
the land surveyed, in conformity with the ordinance, and the surplus shall 
belong to the nation for such purposes as may be convenient. 

4th. If the petitioner violates these conditions, he shall forfeit his title to the 
land, and be liable to prosecution. 

Wherefore, I order that this title be considered firm and valid, a copy of it 
shall be made in the proper book, and it shall then be delivered to the party 
interested, for his protection and other pur] 

Given in Monterey, July 31st, 1841. 



No. XLYIII. 

CASTRO, PREFECT, TO THE GOYERNOR, CONCERNING LOTS 
AT THE MISSION, NOY. 25, 1839. 

[Exhibit O to deposition of K. C. Hopkins, California Archives, Vol. Ill, Prefecturas y 

Juzgados, Benicia, p. 28.] 
Most Excellent Sir: 

The residents of the Municipality of San Francisco, have made various verbal 
representations through the Justice of the Peace, to the end that through this 



ADDENDA, JSTOS. XLVIII, XLIX. 69 

Prefectura, they may receive the necessary license to establish themselves in the 
Establishment of Dolores, where they desire to form a settlement. This project 
is of public utility, which will result in a benefit to the inhabitants, and the 
government can be administered in all its branches with better results. All 
are now dispersed, and this condition of society is not the most desirable for 
the present age, in which civilization is one of the objects which particularly 
attracts the attention of the Departmental Government. I submit this propo- 
sition to your Excellency, praying you to make provisions for the inhabitants 
whom I represent, conceding to them the solares which they need in the said 
Establishment on which to build their houses. 

In saying this to your Excellency, I have the honor to protest the assurances 
of my esteem and regard. 

God and Liberty ! 

Pueblo op San Juan de Castro, November 25, 1839. 

JOSE CASTRO. 

[Marginal order of Governor on foregoing representation of Prefect.] 

November 3d, 1839. 

1st. That the Justice of the Peace of San Francisco may concede solares 
for house lots in the Establishment of Dolores, of the extent of 50 varas or 
less according to the means of the petitioners. 

2d. That the inhabitants may place their stock on the lands surrounding said 
Establishment and may maintain them there in community as settlers, (pobla- 
dores) leaving free the lands of San Mateo, and the coast, the first place, that 
Indians may establish themselves there at the proper time, and the second place 
because the little stock that remains subsists there. 

3d. That they shall not embarrass in any respect the functions of the adminis- 
trator nor disturb the Indians so long as the community exists. 



No. XLIX. 

CERTIFICATE AND GRANT OF 50 YARAS AT THE CANUTAL 
BY GUERRERO, JUSTICE OF THE PEACE. 

Francisco Guerrero, 

to 

John Yioget. 

[Exhibit XX in the Case.] 

San Francisco, January 16, 1840. 

There is no stamped paper. 

The Departmental Government having expedited an order to my court on the 
1st day of the month of November, of the last year, in order that a lot of one 
hundred varas square should be granted in Yerba Buena in accordance with 
the plan, and by virtue of having granted and given possession of fifty varas 
wide and one hundred varas long to the citizen Juan Yioget, the number of 
varas that he lacks are in the place called the Caiiutal, to the west of the road 
to the Mission of San Francisco, being vacant land. 

Wherefore I, Francisco Guerrero, Justice of the Peace of the Jurisdiction of 
San Francisco, by virtue of the power vested in me, do hereby give him the 
present, which will serve him as a lawful document under the same terms ex- 
pressed in the articles comprised in the title expedited to said Yioget on the 
15th day of the present month, of the same year. For which I give faith. 
Dated as above. FRANCISCO GUERRERO. 



70 ADDENDA, NO. L. 



No. L. 

Document D, P, L in the Case. 
[California Archives, Legislative Records, Vol. Ill, page 338.] 
EXTRACTS FROM THE MESSAGE OF THE GOVERNOR, FEB. 
16th, 1840, RESPECTING THE PROPIOS AND EJIDOS OF 
THE PUEBLOS. 

At the port of Monterey on the lGth day of the month of February in the 
year 1810, having Messrs. Manuel Jimeno Cassarin, Jose Castro, Santiago 
Arguello, and Rafael Gonzales, met in the Government Hall by summons of the 
Most Excellent Governor for the purpose of duly taking their oath as members 
of the Departmental Board, the same was solenmly done ; and H. E. the 
Governor declared the Corporation to have been legally installed, whom H. E. 
subsequently informed that Messrs. Auastacio Carillo and Manuel Requena, 
had reported sickness as the cause of their not appearing to fulfil their duty, 
and that only from the member Mr. Pio Pico no answer had been received at 
all. and that the Board should qualify their procedure. 

After which H. E. brought into' the knowledge of the Board through a' 
statement of the actual condition of the Public Administration of the Depart- 
ment as follows : 

COMMONS (EJIDOS). 

None of the said towns, with the exception of Monterey, has its common 
and landed property (senalados los ejidos y terrenos de propios) marked out, 
which to each of the Municipality should be fixed, in order to know its legal 
property ((undo legal), for which reason the Government on making concession 
of land in the vicinity thereof, granted the same temporally, waiting for such a 
regulation ; and regarding the same subject proper reports have been repeatedly 
asked. > Your H. Junta, however, in view of all this — exercising the power 
conferred upon you in part 1st of the article 45 of the above mentioned law, 
and in concert with the Government will arrange what may be deemed proper. 

JUSTICES OF PEACE [PAZ]. 

There was a division of the Department into districts and counties, the 
jurisdiction of Prefect was established respectively at the principal towns over 
both the former and the latter ; and under the circumstances that Your Hon'ble 
Junta was not established, and the Ayuntamieutos having to take some courses, 
the Government appointed for the time being a number of Justices of Peace 
to substitute that of the " Alcaldes " then established ; hoping that your H. 
Junta by power conferred by the said Law will determine such numbers as 
there ought to be, for which purpose the necessary reports have been received 
from the Prefect. 

AYUNTAMIENTOS. 

There is no Ayuntamiento whatever in the Department, for there being no 
competent number of inhabitants in any of the towns (pueblos) as provided by 
the Constitution, those then existing had to be dissolved ; and only in the Capital 
there ought to be one of such bodies. So Your Hon'ble Junta exercising the 
powers of the law will propose it, and let the Supreme Government approve a 
place where the same should be established. Nothing can the Government say 
with regard to the third district, which embraces the greatest portion of the 
lower California, for owing to the want of couriers undoubtedly from the great 
distance where the principal town lies, the correspondence of this Government 
with the Prefect Dn Luis del Castillo Negrete, was obstructed ; but the Govern- 



ADDENDA, NO. L. 71 

merit is making arrangements to have a courier to run to that place ; and 
leading reports will be received in time. 

* * ****** 

ADMINISTRATION OF JUSTICE. 

The Justices of the Peace having been appointed in the towns of the 
Departm', those of the principal towns of the District began to exercise the 
judicial functions in First Instance. It has been of much pain to the Depart- 
ment 1 Governmt. to see the irregularity and faults, with which the same are 
managed, both from there being no able persons therein to direct them, and 
from the great distance, where the Supreme Court of Justice lies, which pre- 
vents displaying that desired activity and justice. The want of a Superior 
Court, which should have been established, has occasioned delay in the decision 
of criminal cases ; prisoners of every class for this reason not only cannot be 
tried in (Court of) Third Instance, but that being long imprisoned they attract 
the mercy of the judges through the sufferings endured before they were 
adjudged ; and this is a new evil, which a fair administration suffers. In the midst 
of such difficulties the Government did not, however cease to co-operate in the 
punishment of crimes for the sake of public vengeance ; but that only in 
matters of little importance, the judicial branch being exclusively the concern 
of the proper court ; and for which reason multitude of cases is lying paralyzed, 
which, being impossible to be transmitted to the Capital of the Republic for 
want of couriers, have to undergo an incalculable delay. The act of the 15th 
of July of 1839, confers upon T. H. Junta power to appoint judges and [an] 
attorney general, who should exercise the judicial functions in the interior, and 
I do not doubt that upon a good election of such a body depends the organiza- 
tion of a court which in exercise of the power annexed thereto may in a short 
time contribute to a good so long desired — that is a fair and complete adminis- 
tration of justice, which up to the present time is needed in this Departm*. 

MUNICIPAL FUNDS AND REVENUE (PROPIOS Y ARBITRIOS). 

Proper reports have been required of the Prefect in order to ascertain the 
actual state of said funds — specifying the several purposes for which the same 
are laid out so as to bring the whole to the knowledge of your H. Junta, in 
order that the Junta may please to give your advice to the consultation, that 
upon the subject the Government may direct for the purpose of organizing 
such a branch ; that up to the present time there has been no fixed rules to 
establish an inspection and economy capable of doing in fact any good, for 
which they are intended. ( I have stated above how necessary it was to have a 
regulation of the common lands of the towns and cities ; and from hence a 
new resource will arise for the benefit of the funds if it is considered that the 
lands which may hereafter be assigned as legal property [senalados para el 
fundo legal] (of towns and cities) [de los pueblos] is a foundation, which 
periodically as it may be established, should produce a municipal ground 
rent, whether required of the holders thereof annually or by establishing 
productive landed property. This resource, I do not doubt, will in part con- 
tribute to aid the necessities existing in the towns (pueblos,) where for want of 
means they cannot sometimes support the prisoners in jail ; and much less build 
proper municipal buildings, nor attend to other works of public benefit, con- 
venience or ornament. ) And I entertain no doubt that Y. H. Junta, with your 
lights will co-operate to this object, in the persuasion that the Government will 
use all the means of resort for the purpose of increasing the funds in question. 

I have made a statement, although substantial, of the actual estate of the prin- 
cipal branches of the public administration, and will now omit being extensive with 
other details; as every particular individual, of those composing this respective 
body, is aware of the palpable necessities. A new epoch of happiness has 
sprung to the inhabitants of the Department ; and Y. H. J. with the legislative 



72 ADDENDA, NOS. L, LI. 

character and amidst tins stormy weather of difficulties will be able to steer the 
vessel to a safe port ; the Supreme Government is constantly recommending 
these sacred duties, and affording- all protection dependeut upon its power ; and 
I as the near agent of the same will not spare any means whatever that is in 
my power to co-operate to so esteemable an object. So be Y. H. J. the first 
body to scatter the most abundant benefits over the country, which you 
represent, and receive as fruit of your tasks an eternal gratitude of its dearest 
sons. 

I congratulate Y. H. Junta for this installation, wishing earnestly that your 
acts may produce the desired good results. 

Which being concluded, His Excellency directed that the minutes should be 
drawn by the Government Secretary, there being no Secretary to the Junta, 
wherewith the Junta adjourned (sine die) H. E. the Governor and the four 
members first above mentioned subscribed their names hereto. 

MAN L JIMENO. 

S. Arguello. 



No. LI. 

LIST OF FOREIGNERS IN SAN FRANCISCO, MAY 20, 1840. 

[Exhibit No. 10 to deposition of R. C. Hopkins; California Archives, Vol. I of Juzgados, 

page 305.] 

List of the foreigners established in sixth section of San Francisco de Asis, 
who have presented their letters of security, as required by his Excellency the 
Governor of the Department on the 2d of the present of 1840 : 

Don Jacob P. Leese, 39 years of age, married with a Mexican, a native of 
the United States of America, merchant, resident of the Department since the 
9th of July, 1834, he came by land, presented his letters of naturalization 
dated Sept. 20th, 1863, by Don Nicolas Gutierrez, and letters of security by 
Gov. Figueroa, dated July 9th, 1834. 

Don Juan C. Fuller, 43 years of age, married with a Mexican woman, a 
native of London, a seaman by profession, came to the country in the year 
1827, he has a document certifying his matriculation given by the Sen or 
Alcalde Don Manuel Jimeno in the year 1834, and his baptism in the Roman 
Catholic church, in San Bias, by Father Jose Antonio Espinosa. 

Don Juan Calvert Davis, 31 years of age, bachelor, native of England, a 
carpenter by trade, came to the country by sea in the year 1834, and remained 
in this jurisdiction till the 14th of September, 1839, as appears by a certificate 
of the Captain Don Jose Francisco Snook, has letters of naturalization dated 
the 24 of September of the last year given by his Excellency the Governor 
Don Manuel Jimeno, and a passport given by the Senor Prefect. 

Don Gregorio Escalante. 30 years of age, bachelor, native of Manilla, a 
mariner by profession, engaged in mercantile pursuits, came to the country in 
1833 by sea, he has no document whatever, says he was admitted by the 
Comandante Don Man. G. Vallejo, and that he has been a dependent of the 
late Pedro del Castillo, and that he has petitioned for letters of naturalization. 

Don Nathan Spear, 38 years of age, married in the Islands, native of the 
United States, engaged in mercantile pursuits, came to the country in 1832 by 
sea, has a letter of security given by his Excellency the President in 1836, for 
one year, to reside in and travel through the republic. 

Don Guillermo H. Davis, 18 years of age, bachelor, a native of Oahu, 
merchant and clerk of Senor Spear, came by sea to the country in the year 
1838 (23d of June), has no documents save a pass from his consul. 



ADDENDA, NO. LI. 73 

Don Daniel Sill, 41 years of age, a native of the United States of America, 
carpenter, came to the country by land on the 12th of February, 1835, has a 
passport given him by the late Gov. Figueroa and by the Senor Prefect on the 
4th of April, 1840. 

Don Juan Frink, 30 years of age, bachelor, a native of England, has been 
in the country since 1839, came by sea, has a certificate of Senor Wilson that 
he bears a good character, and a letter of security given by the Prefect on the 
4th of April, 1840. 

Henry Kirby, 31 years of age, bachelor, native of England, has been in the 
country since 4th of December, 1839, came by sea with Hinckley. 

Jose Antonio Nief, 26 years of age, bachelor, native of Germany, sailor, 
was taken prisoner by Don Juan Cooper on the 1st of November, 1839 and 
liberated by GeDeral Yallejo, and is at present a servant of Leese. 

Juan Benson, 19 years of age, bachelor, American, sailor, came to this 
country, (this jurisdiction) on the 27th of February of this year, deserter from 
schooner Morse, and is retained until the arrival of the Quixote, when he will be 
given up, as directed by Capt. Paly. 

Louis Melurem, 42 years of age, a native of France, sailor, servant, came to 
the country in 1833, has no documents, save a certificate of the Alcalde David 
Spence£ Dan Manuel Jimeno and Don Jose R. Estrada. 

Juan Yioget, 41 years of age, a native of Switzerland, merchant, came to the 
country in the month of October, 1839, was on the coast two years as Captain 
of the schooner Delmira, and has petitioned for his letters of naturalization, he 
obtained from the Government a solar in Yerba Buena, and has no document. 

Don Juan Bausford alias Solis, 36 years of age, a native of Ireland, a sawyer 
by trade, came to the country by sea in 1829, has letters of naturalization in 
the Sixth House of Kinlock, presented a certificate of Senor Jimeno given at 
the time he was Alcalde, of his being a seaman of the third class, and by Don 
J. B. Cooper. 

Cornelio Adam Johnson, 63 years of age, a native of Germany, married in 
that country, a servant of Leese, came to the country in 1826, came as a soldier 
from Mexico, has a certificate of the Sergeant Jose Maria Medrano, a function- 
ary of the Military Comdte. of Monterey, and given on the 31st of July, 1811. 

Yictor Prudon, 31 years of age, bachelor, a native of France, a teacher by 
profession, engaged in mercantile pursuits, resident of the capital of Mexico 
from the year 1821 to the year 1834, when he came to the Department with 
the colony (of Higar) by order of the Supreme Government as a teacher, as 
is shown by a document which he exhibited, and a letter of security dated in 
the year 1828. 

San Feancisco, May 20, 1840. 

FRANCISCO GUERRERO. 

Note. The name of Don Guillermo Richardson is not entered here, he having 
for some time been at Saucilito on the other side of the bay. The same remark 
is made in relation to the foreigners who are in the Sierra, in the neighborhood 
of the arroyo of San Francisquito, they pertaining to the Pueblo of Alvarado. 

The name which is entered here as Jose Antonio Nief, is understood as 
applying to Henriques Richer, since he is known by both names. 



74 ADDENDA, NOS. LII, LIII. 



No. LII. 

CASTRO, PREFECT, TO SECRETARY OF STATE ABOUT LOTS 
AT THE MISSION OF DOLORES, APRIL 6, 1841. 

[Exhibit P to deposition of R. C. Hopkins ; California Archives, Vol. IV, Prefccturas y 

Juzgados, page 230.] 

Prefectura of the First District : 

The Justice of the Peace of San Francisco in an official communication of 
the 22d of March last, said to me as follows : 

" When the Senor Prefect Don Jose Castro, came up to these points of the 
North, an order of the Departmental Government was published conceding to 
this vecindario (inhabitants) solares in the Establishment of Dolores, on account 
of many representations made to the said Government by said inhabitants 
(vecindario), and as after it was published, it remained to forward a copy of 
said order, which perhaps on account of the pressing business of your Senoria 
has been forgotten. I pray that you be pleased to order a copy of the same to 
be forwarded to me as a guide, since already several lots have been granted." 

Which I have the honor to transmit to your Senoria, stating that there does 
not exist in the archives of this Prefectura, the order referred to 'by the 
Justice of the Peace of San Francisco, and praying that a duplicate of the 
same may be furnished from the office under your charge. 

I reiterate the assurances of my respect. 

God and Liberty ! 

San Juan de Castro, April 6th, 1841. 



No. LIII. 

MIRAMONTES, JUSTICE OF THE PEACE AT THE MISSION OF 
DOLORES, ASKS TO BE RELEASED FROM HIS OFFICE. 

[Exhibit Q, to deposition of R. C. Hopkins.] 
Vincente Miramontes to Prefect of First District. 
August 18th, 1841. 
To the Prefect of the First District: 

Vicente Miramontes, Justice of the Peace, suplente, in the Pueblo of Dolores, 
Jurisdiction of the Port of San Francisco, before your Senoria, with all due 
respect represents : That in the year 1839, he was appointed to said office, and 
in consideration of his having fulfilled the term of his appointment, he prays 
your Honor through this petition to have the goodness to grant him his dis- 
charge, since the holding of this office for the last two years has been of much 
detriment to himself and family. He also represents to your Honor, that it is 
impossible for him properly to discharge the duties of said office for the want 
of the necessary intelligence for the same, and when it has happened that in the 
absence of Francisco Guerrero, he has been compelled to exercise his functions, 
he has been much embarrassed, and as there is no secretary in the Juzgado, who 
might assist him in difficult points, he has been compelled to employ one and 
pay him out of his pocket. 

Wherefore he prays your Honor to be pleased to accede to his petition, etc. 

Pueblo of Dolores, August 19th, 1841. 

YINCENTE MIRAMONTES. 



ADDENDA, NO. LIV. 75 



No. LIV. 

ACCOUNTS OF FULLER, SYNDIC OF SAN FRANCISCO, FROM 

1839 TO 1842: 

Account made out by Don Juan Fuller, as Sindico of the Munici- 
pality of San Feancisco. 



Amounts Received. lb Wit: 



1839. 



VWV02; 



$ rls. 

Aug. Don David Cooper, paid for two bbls. Agn'te, 6 00 

For License for 1 month, according to decree 4 00 

Don Francisco De Haro, for 1 bbl country wine, 3 00 

Don Josefa Sal " 3 00 

Don Nathan Spear, " 3 00 

Don Vincente Miramontes, " 3 00 

Don Nathan Spear, paid piso and license, 2 4 

Don Guillermo Richardson, for the solar of Don Antonio 

Ortega, owing to my predecessor,. 10 00 

Sept. Guill . Smith, for cigaros, 3 00 

Jesus Noe, for barrel mescal, 3 00 

Juana RuW s, back dues, 1 4 

Nathan Spear, for license, 1 00 

Oct. Nathan Spear, for license and goods, 2 00 

Nov. Juan Matarin, for sales, 2 00 

Juan Yioget, for solar of 100 yards in length by 50 in 

breadth, according, 12 00 

Juan Davis, for solar of 100 yards square, 25 00 

Gregario Escalante, for liquors and license, 15 00 

Dec. Yictor Prudon, for one barrel, 3 00 

License for one month, paid in goods, 1 00 

Juan Fuller, for 2 barrels country wine, 6 00 

1840. 

Jan'y. Juanita Malarin, for 1 barrel, 1 3 00 

" for 1 month license, 4 

Juanita Malarin, license 1 month, Senor Gegino, 1 00 

" sale of 4 gallons, 6 

Jose de la Cruz Sanchez, 1 barrel, 3 00 

Feb'y. Yictor Prudon, fined 10, by order of Judge, for permitting 

gambling in his house, 16 00 

March. Nathan Spear, for license and 1 barrel of Aguardiente, last 

month, 4 4 

Nathan Spear, 10 beaver skins and 3 of otter, at 4 — , 6 00 

Tiburcio Yasquez, for 1 barrel, 3 00 

April. Juan Davis, for do and 1 month's license, 3 4 

Gregerio Escalente, license, 4 

May. Nathan Spear, barrel aguardiente and license, 3 4 

Juana Briones, 1 barrel and month's license, 3 4 

Juan Anto. Yallejo, paid for 1 solar of 50 yds., 12 00 

June. Manuel, portugues, 3 4 

License, 4 

July. Nathan Spear, liquors and license, 7 00 

Aug. J. P. Leese, for registry of brand and mark, 1 4 

Don Ml. Miramontes, 1 4 



76 ADDENDA, NO. LIV. 

$ rls. 

Aug. J. P. Leese, barrel country wine. 3 00 

Gegino Escalante, solar of 50 vs., 12 4 

Sept. Nathan Spear, license for store, 100 

David Cooper, 2 barrels aguardiente, 6 00 

Oct. " license, 2 mos., 100 

Do. of Don Nathan, 1 mouth, 1 00 

Do. of Juanito. " 4 

Nov. Nathan Spear, license, 1 09 

Don Juanito, 4 

Dec. Nathan Spear, license, 1 00 

Geraldo Bijorquez, 1 barrel, 3 00 

Juan Finich, or Davis, for license 3 months and 3 barrels 

aguardiente, 10 4 

David Cooper, 1 barrel 3 00 

License, 4 

7x "- v Gregsio Escalente, 1 barrel and license, 3 4 

1841. 

Jan'y. Jesus Noe, for 2 barrels muscat, 6 00 

Tiburcio Vasquez, 1 barrel, 3 00 

Feb'y. For 2 month's license, Nathan Spear,. 2 00 

Juan Davis, do., 4 

Escalente, do., 4 

March. License, Nathan Spear. 1 00 

Davis and Escalente, at 4 rls., 1 00 

J. P. Leese, 1 00 

Oct. From the 1st of March to the 10th of Oct. paid for Munici- 

pal duties on Aguardiente and other liquors by 

Juan Vioget, 44 7 

Don Nathan, paid up to 23d of June, from 1st of April, for 

license, 3 00 

For 1 barrel of aguardiente, 3 00 

Juan Yioget, paid for license, 1 barrel aguardiente, Novem- 
ber and December, 8 00 

Collected by Judge, in absence of Sindico Juan Fuller — 

Nathan Spear, paid for license of store, 5 00 

Capt. Hinckley and Spear, for 5 barrels of aguardiente, sold 
to individuals in this place and to others, as appears 
by accouut rendered on last of December, 1841,. . 15 00 
Juan Davis, for license 5 months and 2 barrels of aguar- 
diente, 8 4 

Gregorio Escalante, paid for 1 barrel, 3 00 

Dec. Mr. Fil, for license 5 months 5 00 

Mr. Kae, for license 4 mouths, 6 00 

Jesus Noe, 2 barrels muscat, 3 00 

Nathan Spear, for 1 solar, petitioned for by Perry, 12 4 

Ten dollars paid by Hinckley on goods, under law of 1834, 10 00 
Mr. Kae paid on 1st of January on 92 packages of goods, 
and one real for three dollars given to Francisco 

Sanchez, 11 4 

Sum total, $379 1 

San Francisco, January 10th, 1842. 

Correct, JUAN FULLER. 



ADDENDA, NO. LIV. 77 

Paid from Municipal Fund. 

$ rls. 

Expenses of opening road, p 9 00 

November 2d, 1839, for 1 ream of paper for Juzgado,. , 8 00 

For ink, $2 ; for wax, &c, $2, 4 00 

January 15th, 1840, paid Francisco Sanchez, by order of Alcalde,. . 25 00 
January 15, 1840, paid to Don Juan Davis twenty-six dollars, for 1 

sopero and masita for the archives, 26 00 

For expenses stationery and clerk for Sindicaturo, 6 00 

In February, 1840, by order of Alcalde, Don Francisco Sanchez,. ... 10 00 
For 1 ream of paper, re-cut for letters on 20th February, 1840,. ... 7 00 
On the 15th of March, 1840, returned to Don Jose de la Cruz San- 
chez, 15, he having paid $18 for one barrel of aguardiente, 15 00 

On same day returned to Jacinto Malarin, 15 00 

On the 18th of April, paid to the Juan Neophyte thirteen dollars for 
two saddles, which were lost when the foreigners were taken 

prisoners, 13 00 

Paid to the same, by order of Alcalde, seven dollars, for a horse which 

was lost, 7 00 

For one bullock, killed for the use of the prisoners by order of the 

Judge, 8 00 

On the 9th May, 1850, returned to Juan Yioget $12 4, he having 
paid twenty-five for a solar of 100 vs., which was only 50 

vs. wide and 100 vs. long, 12 4 

On the 10th of May, by order of the Judge, to Victor Prudon, for 

services in Juzgado, 14 00 

For the two pair of fetters used on prisoners, 8 00 

For sundry articles furnished to prisoners, 5 00 

On 5th of November paid to Soleto for carrying express, 6 00 

Nov. 18, for ink, &c. for Juzgado, 4 00 

Aug. 29, by order of Francisco Sanchez, 10 00 

For candles for prisoners, 2 00 

September, paid on order for table cover for Juzgado, 8 00 

September 18, paid for inkstand and two candlesticks for Juzgado, . . 3 00 
For payment made to Catalina for two gross of large wax candles 
(gruesas de toches) and for the solemnization of the 16th of 

September, according to order of the year 1839, 30 00 

Paid for gunpowder and licenses for the solemnization of the 16th of 

the present month, according to order of to-day, 24, 1840,. . 26 00 

For one ream of paper and wax for Juzgado, 9 00 

Pa_id to persons who went in search of the carpenter of the Leonidas 

and brought him to Juan Matu - rin , 

March. 1840, the Diezmo, as a reward to the sailors who carried the 

express for the Senor General, 8 00 

On the 3d of the present month paid for a candado for use of the jail, 2 00 

Sept. 29, to Daniel Sill, for two chains with handcuffs, 10 00 

March 11th, 1841, paid to Don Francisco Sanchez, 10 00 

Three dollars given to Alcalde Francisco Sanchez, 3 00 

Paid to conductors of the ropero, 1 00 

Sum total, • $349 1 

Due to the Municipal Fund. 

Mr. Bari, 18 00 

The Sindico Bias Angelin, since his term, 21 1 

The Sindico Jose Eodriquez, since his term, 16 00 



78 ADDENDA, NOS. LIV, LV. 



$ rls. 



All the individuals, according- to the accounts, who have not paid the 
fines imposed upon them by the Judge, paid to the citizen 
"Cayetano Juarez, awl remitted by him, 55 4 

Senor Prefects, herewith are presented the docs which show the credits (Es- 
gresos) numbered from 1 to 32, including an account forwarded by Senor 
Hinckley for 4 pipes, (of liquor ) which was introduced and the most of it 
sold outside of the Demarcation. And Mr. Rae has not paid any duty on 
aquardieute, which he has introduced, it not having been sold ; and Don Jose 
Limantour has not paid anything, and he established his store on the 24th of 
December of the last year. 

San Francisco, Jan'y. 1st, 1842. 

Correct. JUAN FULLER. 

Comparison. 

Amount of Ingresos, §379 1 

" of Exgresos, 149 1 



Amount on hand in cash, $ 30 

Because the Sindico Procurador of the Municipal Fuud of this Demarcation 
has gone to the Points de Reyes and Paulines, without giving notice of the 
same, he loses his right to the five per cent, which belonged to him. Thus I, 
the Justice of the Peace, ordered and determined. 

San Francisco, Jan'y. 2d, 1842. 

FRANCISCO GUERRERO. 

Received the amount on hand above set forth. 

FRANCISCO SANCHEZ. 



No. LV. 

CENSUS OF SAN FRANCISCO IN 1842. 

[Exhibit No. 9 to Deposition of R. C. Hopkins.] 

Padroni Containing the Inhabitants of Both Sexes, in the Jurisdiction of 
San Francisco, for the Present Year. 



Name. 

Tiburcio Yasquez 

Alvira Hernaudez 

Juan Jose Yasquez 

Barbara Yasquez 

Josefa Yasquez 

Siviaea Yasquez 

Jose Ma. Yasquez 

Purifieacion Yasquez. . . 
Luciano Yasquez 


Birthplace. 

. . . Sn Jose Gpl 

. . . Monterey 

. . Sn Jose Gpl 


Occupation. 
Laborer 

u 

a 


Age. 

49 

37 

17 




a 


15 


u 


a 


13 




u 


11 

... . 10 


. . . San Francisco .... 


a 


9 


a 


8 


Francisco Yasquez .... 
Francisco Yasquez .... 

Pablo Yasquez 

Jose Corn. Bernal 


a 


a 


6 


a 


4 


it 


2 


« 


U 
u 


46 


Carmen Sibrian 


. . . San Juan 


38 



ADDENDA, NO. LV. 79 



Fran. Llagas, Neofito*. . . 
Concordio, Neofito 


.Pulgas 

.San Pablo 


. . Domestic 

a 

a 
it 

a 

. . Laborer 

a 


57 

54 


Ma. Feda, Neofita 


« 


46 


Gertrudis, Neofito 


u 


13 


Jose Antonio, Neofito . . . 

Teresa, Neofita 

Francisco Guerrero 

Josefa de Haro 


. .San Francisco 

.Sonoma 

.Tepic 

. San Francisco 


....; 16 

20 

31 

17 


Spot. Ay. de Guerr'o 

Anto. Abad, Neofita 

Lorenza, Neofita 

Alejo, Neofita 

Vicente Miramontes 

Jesus Hernandez 




il 




. Costa 

.San Francisco 

. Mission de San Jose . 
. San Francisco 

n 

a 

'.SnMig'l '..'.'.'.'. 

.Sn Clara 

.San Jose Gpl 


. . Domestic 

a 

. . Laborer 

it 


37 

23 

35 

32 

27 


J. Ma. Miramontes 


4 


Benita Miramontes 


it 


2 


Mariana Miramontes . . . 


it 




Pablo, Neofito 


. . Domestic 

a 

. . Laborer 

it 

a 
a 
a 
it 


18 


Francisco, Neofito 

Cadido Valencia 


20 

38 


Paula Sanchez 


32 


Eustag. Valencia 


14 


Jose Kamon Valencia 

Ma. de los Aug. Valencia 
Lucia Valencia 


.San Francisco 

u 

it 
. Sta. Clara 


13 

10 

9 


Tomaso Valencia 


il 


5 


Ma. Josefa Valencia 


it 


1 


Jesus Valencia 

Julia Sanchez 


it 
it 
a 


35 

30 


Catarina Valencia 


. . San Francisco 

it 

. Composta 

. San Francisco 

» 

a 

San Juan 


7 


Riso Valencia 


it 


5 


Francisco Valencia 


n 




Francisco de Haro 

Francisco de Haro 


n 

it 
n 
it 
it 
n 


50 

15 


Ramon de Haro 


15 


Rosalia de Haro 


14 


Natividad de Haro 


13 


Prud. de Haro 


11 


Cat. de Haro 


9 


Carlota de Haro 


u 


9 


Dolorez de Haro 


u 


6 


Jesus Felipe de Haro . . . 
Alonzo de Haro 


u 


2 


it 




Anast. Ramirez. . 


it 


11 


Junipero, Neofito 

Jose Ysidro Sanchez. . . . 


. San Francisco 

it 

.Sta. Clara 

. San Francisco 

a 


it 
u 
it 
it 


43 

24 


Teodora Alviso 


23 

5 


Ysabel Sanchez 


n 
it 


2 


Narsisa Sanchez . 












* The words Neofito and Neofita denote Indian catechumens, male and female, respect- 
ively. It will be observed that these neophytes have no surnames, and that they all seem to 
have been named from the Saints in the calendar of the Roman Catholic Church. 



80 ADDENDA, NO. LV. 

Name. Birthplace. Occupation. Age. 

Jose de los Santos, Neofito . Tulares Laborer 10 

Leander Galindo San Francisco " 55 

Domingo Allaman Sta. Clara " 34 

Seferino Galindo... " " 12 

Maria Galindo " " 9 

Ant. Galindo. Santa Clam " 7 

Francisco Galindo San Francisco " 4 

Gregoria Galindo " " 3 

Genaro Galindo " " 2 

Mariano Galindo " " — 

Jesus Noe Puebla " 37 

Guadalupe Gardano. " " 30 

Miguel Noe Mexico " 9 

Dolorez Noe Sta. Clara " 6 

Esperidion Noe San Francisco " 4 

Ma. Concep. N oe Sta. Clara " 2 

Candelaria, Neofita Sonoma Domestic 17 

Francisco, Neofita Sta. Cruz " 28 

Concep., Neofita " " 21 

Lorenzo. Neofito " " 26 

Juan Fuller England Merchant 40 

Concepcion Arila Mont'y 26 

Ma. Concep. Fuller Monterey 6 

Santiago Fuller San Rafael 4 

Nicolasa, Neofita Sacramento Domestic 13 

Carlos, Neofito " " 10 

Pedro Serbia Denmark Merchant 26 

Juan, Neofito Sacramento Domestic 11 

Natan Spear America Merchant 42 

Juana Miss Spear Ys. Sanduic 27 

Tomas, Canaca " Domestic 9 

Carlos, Indiga (Indian) Sacramento " 18 

Isabel, " " .... " " 11 

Daniel Sill America "Depend." 46 

Fran. Grno Ynkly " .Merchant 35 

Susana Suart San Francisco 16 

Juan Canaca Y Sanduic Domestic 20 

Yspecanoe Canaca " " 23 

Manaria, Neofita Sacramento " 12 

Guillermo Reed New Orleans Merchant 32 

Senora Reed " 24 

Juan Reed " 3 

Maria Reed " 2 

Eloisa Reed San Francisco — 

Knittes " Domestic — 

Pedro, Canaca Ys. Sanduic, (Sand. Isl.) " 50 

Mijalda, Canaca " " .. " 22 

Opunul, Canaca " " .. " 20 

Jose, Canaca " « .. " 21 

Tomas France " 30 

Juan C. Davis America Carpenter 32 

Juan Fricher " Blacksmith 36 

Antonio Peru Domestic 19 

Fredrico, Neofito Sonoma " 11 

Gregorio Escalante Manila Merchant 34 



Gomes Miranda 

Narsisa Miranda 

Refugio Miranda 

Jose de Jesus Miranda 
Manuel Miranda 



ADDENDA, NO. LV. 81 

Name. Birthplace. Occupation. Age. 

Mr. F. Andrews America Carpenter 26 

Apolino Miranda San Francisco Laborer 47 

Juana Briones Sta. Cruz 39 

Presentacion Miranda San Francisco 20 

13 

12 

10 

7 

5 

Paulina, Neofito Sacramento Domestic 16 

Candel. Mirantes Guadalajara Laborer 53 

Guadalupe Briones Sta. Cruz 49 

Miguel Miramontes San Francisco Laborer 23 

Rodolfo Miramontes " " 22 

Jose Arciano Miramontes. . " " 18 

Ma. Dolores Miramontes ... " 19 

Jose delos Stos. Miramontes " Laborer 16 

Raymundo Miramontes " " 13 

Juan Je. Miramontes " " 12 

Guadalupe Miramontes " " 11 

Carmen Miramontes " " 10 

Luz Briones Sta Cruz " 43 

Jose Bamon, Neofito San Francisco 16 

Marcario, Neofito Sonoma Domestic 16 

Jose Rodriguez Monterey Laborer 35 

Romana Miramontes Sta Cruz " 30 

Francisco Rodriguez San Francisco " 5 

Ma. Rodriguez " " 4 

Ma. Rodriguez " " 2 

Jose Rodriguez " " — 

Jose Antonio Sanchez Sonora " Harcendo" 67 

Tsidro Je. Sanchez San Francisco Laborer 23 

Jose Feliz " " 15 

Felipe, Neofito Tulares Domestic 12 

Raymundo, Neofito Sonoma " 16 

Manuel Sanchez San Francisco Laborer 30 

Francisco Sotelo P. de los Angeles " 24 

Manuel Sanchez San Francisco 11 

Rosario Sanchez " 5 

Dolores Sanchez ' " 4 

Juan Fran. Sanchez " 1 

Je. de la Ce. Sanchez " Laborer 40 

Ma. Josefa Merido San Diego " „ 32 

Solidad Sanchez San Francisco " 19 

Concepcion Sanchez " " 12 

Jose Ma. Sanchez •' " 8 

Ricardo Sanchez ■' " 5 

Francisco Sanchez " " — 

Josefa, Neofita " Domestic 14 

Eduardo, Neofita Santa Cruz " 40 

Francisco Sanchez San Jose Laborer 35 

Teodora Higuera San Francisco " 26 

Luisa Sanchez <; " 8 

Luis Don Sanchez " " 6 

Dolores Sanchez " " 4 

G* 



82 



ADDENDA, NO. LV. 



Name. Birthplace. Occupation. 
Pedro Sanchez San Francisco Laborer. 



Age. 



Consolacion, Neofita 


u 


. . .Domestic 


12 


Ygnacio, Neofita 


ti 


" 


53 


Dunas, Neofita 


it 
u 


M 

(( 


49 


Forcuata, Neofita 


40 


Jose (a) Segnio, Neofita. 


« 


(I 


16 


Domingo Felis 


a 


. . . .Laborer 


22 


Anto, Felis 


u 
u 

'. Dublin V. 


« 

(C 

(( 

. . . . Sawyer 


19 


Angela Rusa 


19 


Luis Felis 


16 


Juan Coopinger 


30 


Luis Soto 


. San Jose 


<< 


23 


Jose, Neofito 


.Tulares 


. . .Domestic 


10 


Santiago Henysy 


. Scotland 


. . . Sawyer 


91 


Roberto McCalister 


.Cork 


« 


29 


Tomas Gerbert 


. London 


a 


33 


Juan Mereno 


.Holland 


a 


40 


Guillermo Handes 


. Boston 


it 


42 


George Williams 


. England 


H 


39 


Recardo Maltok 


« 


it 


23 


Jqs. Mirantes 




. . . Laborer 


31 


Mr. Ignacio Martinez . . . 


.San Francisco. . . 


it 


23 


Ma. Miramontes 


« 


it 





Maria, Neofita 


. . . Domestic 


9 


Francisco Miramontes.. . . 


. San Rafael 




9 


Maria, Neofita 


. . . Domestic 


33 


Jose D., Neofito 






3 



WI. San Jose, 155. 

RESUMEN. 

Men. Women. Boys. Girls. Totals. 

la. Columna 15 11 8 6 40 

2d. " 11 7 11 16 45 

3d. « 24 11 8 5 48 

4a. « 18 11 11 8 48 

5a. " 8 2 4 1 15 



76 



42 42 36 



196 



Establecemiento de Dolores, 31 de Obre, de 1842. 

FRANCISCO SANCHEZ. 



ADDENDA, NO. LVI. 83 



No. LYI. 

GOVERNOR MICHELTORENA'S PROCLAMATION RESPECTING 
THE MISSIONS, MARCH 29, 1843. 

[See the same, without the preamble : Halleck's Eeport, Appendix, No. 19; 1 Rockwell, 469; 
Jones' Eeport, page 71.] 

Manuel Micheltorena, General of Brigade of the Republic, Adjutant General of 

the Plana Mayor, Governor of the same, Commanding-General and Inspector 

of both Calif ornias : 

It being one of the ample or complete instructions or orders, with which is 
invested the undersigned General and Governor, viz. : to examine into the situa- 
tion of all the Missions in his government at the present moment, their pros- 
pects and resources, in order to regulate them, and the Supreme National 
Government having transmitted all its powers, [delegated to him all its powers,] 
according to the supreme order made February 11, 1842. 

On deliberation, and with the assent of the most Reverend Fathers, Fray- 
Jose Joaquin Jimeno, Fray Jose Ma. de Jesus Gonzales Rubico, who have 
been made personally to appear before the government, as Presidents of other 
Missions, as well as in the name of, and to represent the most Rev. Father, 
Presidential Vicar, the absent Fray Narciso Duran, being fully impressed with, 
and having well reflected upon all things requisite. 

That the vast and immense landed property formerly belonging* to the Mis- 
sions had been scattered or partitioned out to individuals, which at the epoch it 
was done was caused by the exigencies of the country. 

That the pious and charitable institutions of social order, for the conversion 
of the savages to Catholicism and to an agricultural and peaceful life, are 
reduced to the huertas and inclosures of the churches and buildings. 

That the most Most Rev. Ecclesiastics have no support but charity, and that 
the divine religion not prospering, barely sustains itself. 

That the Indians, naturally lazy, from additional labor, scarcity of nourish- 
ment, and in a state of nudity, having no fixed employment or appointed Mis- 
sion, prefer to keep out of the way and die impenitent in desert woods, to escape 
a life of slavery, filled with all privations and without social joys. 

That this continued emigration of the natives from the service of individuals 
to that of Missions, and from that of the Missions to that of individuals, or to 
the woods, retards more and more agriculture, and frightens off, instead of draw- 
ing together the Gentiles from without the pale of our Holy Religion. 

That in the administration of the Missions, there have been committed some 
frauds and notorious extravagance, which every inhabitant of California laments. 

That as there is no other method of reanimating the skeleton of a giant like 
the remains of the ancient Missions, without falling back upon experience and 
fortifying it with the levers of Civil and Ecclesiastical power. 

Now, everything well considered and naturally reflected upon, I have deter- 
mined to decree the following articles : 

No. 1. The Government Department decrees to be "delivered up or restored" 
to the Most Rev. Fathers (who shall name the Ecclesiastic to be placed respec- 
tively in charge) the Missions of San Diego, San Luis Rey, San Fernando, 
Santa Barbara, San Antonio, San Jose, San Juan Capistrano, San Gabriel, 
San Buenaventura, Santa Cruz, La Purisima, Santa Clara ; which shall con- 



[* Appurtenant is a better translation of pertenerientes— the word "belonging" is equivocal. 
The word "Fray," which is not translated, signifies "Brother" of a regular order, a 
"religioso," as the secular priests were called " Padres"— Fathers.] 



84 ADDENDA, NOS. LVI, LVII. 

tinue for the future to be governed by the Most Rev. Fathers (they taking 
charge of the natives) in the same manner as they were before. 

No. 2. The government considers what has been done to this date as irrevo- 
cable : the Missions can reclaim none of the lands granted prior to this date ; 
and in reclaiming the cattle, chattels, and instruments of agriculture loaned by 
the Rev. Fathers, Curators, or Superintendents, they shall grant sufficient time 
and arrange with the debtors or holders, amicably. 

No. 3. They shall likewise take care to collect the scattered neophytes or 
converts. First, those lawfully exempted by the Supreme Departmental Gov- 
ernment. Second, those who at the date of this decree are provided for by 
individuals, it being, however, understood, that if any of both classes wish and 
prefer to return to their respective Missions, they shall be admitted and received, 
with cognizance of the masters and the Most Rev. Missionaries. 

No. 4. The Departmental Government, in whose possession up to this day 
have been the Missions, in virtue of the most ample powers with which it is 
invested, and referring to the aforesaid considerations, authorizes the Most Rev. 
Fathers to apply the products of the Missions to the necessary expenditures of 
the reduction, food, clothing, and other temporal wants of the Indians ; and 
they shall likewise take from the same fund their own support, for the salary of 
the Mayordomo, and for the support of the divine religion, under the condition 
that they shall remain obligated by their word of honor and conscience, to 
deliver to the Treasury, upon notice to the Rev. Fathers, of this government, 
and the express order, in writing, of the undersigned Governor, Commanding- 
General, and Inspector of relief, sustenance, and clothing of the troops and 
observances of the civil employees, the eighth part of the whole annual produce 
of every kind ; keeping for the guidance of its Ecclesiastics a true and exact 
account at the end of the year, of the number of their converts, possessions 
real and personal, and of every description of produce or its corresponding 
value, which may belong to such Mission. 

No. 5. The Departmental Government, which glories in religion, as well as 
the whole of California, and in the same manner being interested as well as all 
and every one of the inhabitants of both Californias in the advancement of the 
Holy Catholic Faith and in the prosperity of the country, " dedicates itself," 
(or places at the disposition of "all its power,") in aid of the Missions, and in 
quality of General commanding, the power of its arms to protect, and defend, 
and sustain them, and in the possession and preservation of all the lands they 
may hold from this day, they shall be the same as the possessions and guaran- 
tees enjoyed by private persons, binding itself to make no new grants without 
the information of the respective authorities of the Most Rev. Ministers, notorious 
non-occupation, non-cultivation, or necessity. 

Dated 29th day of March, 1843. MANUEL MICHELT NA - 

Francisco Arce, Secretary. 



No. LVII. 

EXHIBIT No. 11 TO DEPOSITION OF M. G. YALLEJO. 

Order for election of Ayuntamientos and Alcaldes, Nov. 14, 1843. 

Citizen Manuel Micheltorena, General of Brigade of the Mexican Army, 
Adjutant-General of the Staff of the same, Governor, Comandante-General, 
and Inspector of the Department of the Californias. 

j p q , ) Although Justices of the Peace have been established in 
I * j0vt - toeaL J the towns of this Department in conformity with the law 



ADDENDA, NOS. LVII, LVIIL 85 

of March 20, 1837, which gives them the powers and obligations which the 
Ayuntaraientos have, yet it is observed that in the Courts of the chief towns 
of the Districts matters of various kinds are daily brought which prevent the 
Justices from dedicating themselves to the duties which correspond to them, 
for want of Ayuntamientos, and moreover the Prefectures of this Department 
having to be discontinued for the coming year, and as the most excellent Junta 
has passed resolutions on the matter, by the powers conferred on it by the 
Organic Bases, I have decided the last law for elections of Ayuntamientos of 
April 27, 1837, be put in force under the following rules : 

1st. They will proceed to verify in Monterey and the city of Los Angeles, 
as chief towns of the Districts, the elections of Ayuntamientos, composed each 
one of First and Second Alcalde, four Kegidores, and one Sindico. 

2d. In the Pueblos of San Diego, Santa Barbara, San Juan, Villa de 
Branceforte, Pueblo de San Jose, San Francisco, and Sonoma, elections will 
be held to appoint two Alcaldes, of first and second nomination. 

3d. In consequence, on the second Sunday of the coming December, the resi- 
dents of their respective towns will appoint in one session seven Arbitrators 
(compromisarios) who will meet on the Friday preceding the third Sunday in 
December, presided over by the civil authority of the District, for the purpose 
of electing the Ayuntamiento and Alcaldes, as the foregoing Articles direct, 
observing in the necessary part the provisions of the law of Elections, of Janu- 
ary 19th of the present year, under the rubric (rubro) of secondary elections, 
and the other articles of the same which may tend to the purpose. 

4th. The first Alcaldes of which these dispositions speak, will perform the 
duties which correspond to the Judges of First Instance in conformity with the 
decree of July 15th, 1839, and they will also take charge of the Prefecture of 
their respective Districts. 

5th. On the first day of January of the coming year, the persons newly 
appointed will enter upon the duties of their office, receiving from those going 
out an exact inventory of all the espedientes, books, and whatever there may 
be pertaining to said corporations, transmitting a copy of it to the Govern- 
ment in order to pass it to the Departmental Assembly. 

And that it may come to the notice of all, I order that it be published by 
proclamation in the pueblos of the Department, and it be fixed in the accus- 
tomed places. 

Monterey, November 14, 1843. MICHELTORENA. 

Manuel Jimeno, Secretary. 






No. LVIII. 

EXHIBIT No. 15 TO DEPOSITION OF M. G. YALLEJO. 

Secretary of State to Alcalde of the Port of San Francisco, January 20, 1844. 

Office of the Secretary ) 

of the Government of the Californias. j 
Your note dated the 9th inst. has been received, in which you transmit the 
inventory of the things pertaining to your Court, and His Excellency having 
examined it, orders me to answer it, as I now do. 
God and Liberty ! 
Monterey, January 20, 1844. MANUEL JIMENO. 



Senor First Alcalde of the Port of San Francisco, 
Citizen Guillermo Hinckley. 



86 ADDENDA, NO. LIX, LX. 

No. LIX. 

EXHIBIT No. 14 TO DEPOSITION OF M. G. YALLEJO. 

[The Governor addresses the same officer as Alcalde of Yerba Buenaand Alcalde 
of San Francisco, March 3d, 1844.] 

Seal of Departmental ) 
Government. j" 

I this day say to the Ensign Don Juan Prado Mesa, the following : 

" So soon as you receive this order you will march with twelve or fifteen men 
of the company of your command, and present yourself to the Alcalde of first 
nomination of Yerba Buena, placing yourself at his disposition for the purpose 
of restraining a disturbance which has happened with some countrymen, causing 
the authority of said Alcalde to be respected, acting yourself with the greatest 
judgment and prudence, and under your own responsibility." 

And I transcribe [this] to you for your information, recommending that you 
bear yourself with prudence and judgment, acting in everything under your 
own responsibility, forming the corresponding summary upon the fact referred 
to in your official communication of the 3d inst., which I answer, reporting to 
this Government. 

God and Liberty ! 

Monterey, March 11, 1844. 



MANUEL MICHELTORENA. 



Senor Alcalde of San Francisco. 



No. LX. 

ESPEDIENTE OF THE DE HAROS FOR THE POTRERO 

NUEYO. 

Exhibit No. 11 to Testimony of R. C. Hopkins in the Case. 

Espediente instigated by the citizens Francisco and Ramon De Haro, in 
claiming the tract called " Potrero de San Francisco." 

Most Excellent Senor Governor of the Calif ornias : 

Francisco De Haro, Ramon De Haro, in the name of our family, Mexicans 
by birth, and living in the Ex-Mission of San Francisco de Asis, before your 
Ex. with greatest submission appear and represent, that being compelled to 
remove from the ranch of the deceased Jose Antonio Sanchez, the portion of 
cattle belonging to our deceased mother, and as we wish to tame the same, we 
beg your Excellency, in the exercise of your authority (or powers) to grant us 
a small piece of land called Potrero de San Francisco, in extent from North to 
South 2,288 varas, and from East to West 2,508 varas, measuring up to the 
" Lomerias," (or Range of Highlands), " because there is no competent person 
to do it, according to the annexed diseno," which we submit to your Ex., and 
as said parcel of land can be enclosed, we intend to place in it the tame cattle, 
because the range of our father's cattle is insufficient and all occupied, and he 
has given us due permission to make a petition, as we are under parental power 
and control. 

Therefore we entreat Y. E. to grant us this benefit, whereby we shall, receive 



ADDENDA, NO. LX. 87 

favor and grace, making oath that we are not instigated either by malice or 
bad motives. 

There being no sealed paper here we could not use it. 
San Fkancisco, April 12, 1844. 

RAMON DE HARO, 
FRANCISCO DE HARO. 

Monterey, April 29, 1844. 
Let the Official Secretary make the necessary report. 

MICHELTORENA. 

Senor Governor : 

The Mission of San Francisco now has no property (bienes) whatever, and 
therefore the Potrero petitioned for is vacant, as the petitioners have shown by 
the report of the respective justice, and as the ejidos of said establishment are 
to be designated, I think that in the meanwhile, the interested parties may 
occupy the land by a provisional license which your Excellency may be pleased 
to give them, it being no prejudice to the community, nor to any individual 
whatever. The determination of your Excellency will be most proper. 

Monterey, April 29th, 1844. 

[Signed] MANUEL JIMENO. 

Monterey, April 30th, 1844. 
Agreed. 

[Signed] MICHELTORENA. 

Monterey, April 30th, 1844. 

" In view of the petition with which this Espediente commences, the forego- 
ing reports, with all matters presenting themselves, and necessary to be con- 
sidered, in conformity with the laws and regulatious governing the matter, I 
declare Francisco and Ramon De Haro favored in that they may occupy pro- 
visionally, the land named Potrero of San Francisco, of the extent of one 
half of a square league ; its boundaries being the Esteros of the entrance 
(boca) of the Potrero, and the hills that surround the same. Let the corres- 
ponding dispatch issue, and registry be made of the same, and let a communica- 
tion be directed to the person in charge of said establishment. His Excellency 
the Sr. Governor thus ordered, decreed and signed, which I attest." 

Fourth Seal Two Reales. 

"Provisionally authorized by the Maritime Custom House of the Port of 
Monterey, in the Department of the Californias, for the years 1844 and 1845." 

Micheltorena. PABLO DE LA GUERRA. 

[L.S.] 

" The citizen Manuel Micheltorena, General of Brigade of the Mexican 
Army, Adjutant General of the Staff of the same, Governor Com te , General 
and Inspector of the Department of Californias. 

Whereas, the citizens Francisco and Ramon De Haro have petitioned for the 
concession of the Portrero which is named San Francisco, from the mouth 
of the Esteros to the Lomaria which surrounds the same, and the proceedings 
having been taken, and the investigations concerning the same having been 
made, as required by the laws and regulations in relation to the matter,' I have 
determined in use of the authority conferred upon me, in the name of the 
Mexican Natton, to permit them the occupation of the said Potrero, subject to 
the measurement which may be made of the Ejidos of the Establishment of 



88 ADDENDA, NOS. LX, LXI, LXII. 

San Francisco, (sujetandose a la medicion que se haya de los ejidos del Estable- 
cimiento de San Francisco,) and to the following conditions : 

First. They cannot by any title sell it, nor alienate it without prejudice to 
some property (bienes) which the Establishment of San Francisco should have. 

Second. They shall not obstruct the crossings, roads and servitudes, devoting 
it to cultivation, and to the property (bienes) which they design to introduce, 
but within one year it shall be occupied. 

The land of which mention is made, is one half a square league, and if they 
violate these conditions, they will lose their right to this provisional concession, 
which is delivered to the interested parties for their security and further ends. 

Given in Monterey, on the first of May, 1844. 

MANUEL MICHELTORENA. 

Manuel Jimeno, Secretary. 



NO. LXI. 

EXHIBIT NO. 12 TO DEPOSITION OF M. G. YALLEJO. 

Election of First Alcalde in 1844. 

DIVISION OF SAN FRANCISCO. 

In the Secondary elections of this day the citizen Electors being assembled 
in the Court room, you resulted elected for Alcalde of first nomination, that 
you may appear the first day of the year 1845, for the purpose of taking the 
customary oath in order to take charge of the Administration of Justice, in 
conformity with the laws. 

All which I have the honor to communicate to you for the purposes men- 
tioned, offering you the sincere considerations of our esteem. 
God and Liberty. 
San Francisco, December 22, 1844. President, 

FRANCISCO GUERRERO. 

Vice President, 
FRANCISCO SANCHEZ. 

1st Secretary, 
JESUS NOE. 

2d Secretary, 
JUAN N. PADILLA. 
Citizen Juan N. Padilla, 

Alcalde Elect of 1st nomination. 



No. LXII. 

[TRANSLATION.] 

DECREE OF THE DEPARTMENTAL ASSEMBLY OF MAY 28th, 
1845, RESPECTING THE RENTING OF SOME OF THE MIS- 
SIONS, AND CONVERTING OTHERS INTO PUEBLOS, ETC. 

[See the same, Halleck's Rep. App. 20; 1 Rockwell, 471 ; Jones's Rep. 72.] 

Article 1. The Departmental Government shall call together the Indians (los 
Neojitos) of the Missions of San Rafael, Dolores, Soledad, San Miguel and La 



ADDENDA, NO. LXII. 89 

Purisima, which are abandoned by them, by means of a proclamation, which it 
will publish, allowing them the term of one month from the day of its publica- 
tion in their respective Missions, or in those nearest to them, for them to reunite 
for the purpose of occupying and cultivating them ; and they are informed that, 
if they fail to do so, said Missions will be declared to be without owners (mos- 
trencas)* and the Assembly and Departmental Government will dispose of them 
as may best suit the general good of the department. 

Art. 2. The Oarmelo, San Juan Bautista, San Juan Capistrano, and San 
Francisco Solano shall be considered as pueblos, which is the character they 
have at present ; and the government, after separating a sufficient locality for 
the Curate's house, for churches, and appurtenances, and court-house, will pro- 
ceed to sell the remaining premises at public auction in order to pay their 
respective debts ; and the overplus, should there be any, shall remain for the 
benefit and preservation of divine worship.' 

Art. 3. The remainder of the Missions, as far as San Diego, inclusive, may 
be rented out at the option of the government, which will establish the manner 
and form of carrying this into execution, taking care in so doing that the estab- 
lishments move prosperously onward. These respective Indians will conse- 
quently remain in absolute liberty to occupy themselves as they may see fit, 
either in the employment of the renter himself, or in the cultivation of their 
own lands which the government will necessarily designate for them, or in the 
employ of any other private person. 

Art. 4. The principal edifice of the Mission of Santa Barbara is excepted 
from the renting mentioned in the foregoing article ; and the government will 
arrange in the most suitable manper, which part thereof shall be destined for 
the habitation and other conveniences of his Grace the Bishop and his suite, 
and which for the Reverend Missionary Padres who at present inhabit said 
principal edifice. And likewise one-half of its total rent of the other property 
of the Mission shall be invested for the benefit of the church, and for the main- 
tenance of its minister, and the other half for the benefit of its respective In- 
dians. 

Art. 5. The products of the rents, mentioned in Article 3, shall be divided 
into three equal parts, and the government shall destine one of them for the 
maintenance of the Eeverend Padre Minister and the conservation of divine 
worship ; another for the Indians ; and the last shall necessarily be dedicated 
by government towards education and public beneficence, as soon as the legal 
debts of each Mission be paid. 

Art. 6. The third part mentioned in the 5th Article as destined for the main- 
tenance of the priests and help towards divine worship, shall be placed at the 
disposal of the Reverend Prelates, for them to form a general fund, to be dis- 
tributed equitably in the before-mentioned objects. 

Art. 7. The authorities or ecclesiastical ministers, should there be any in the 
Missions referred to in Article 1, or those in the nearest Missions, or persons 
who may merit the confidence of government, will be requested by said govern- 
ment to see that the proclamation above mentioned be published, and to give 
information immediately whether the said neophytes have presented themselves 
or not, within the period fixed, in order that, in view of such documents, the 
necessary measures may be taken. 

Art. 8. Government will, in the strictest manner, exact the amount owing by 
various persons to all the Missions in general, as already ordered by the Most 
Excellent Assembly in its decree of the 24th August, 1844, and dispose of the 
same for the object mentioned in the last part of the 5 th Article. 

* [Mostrencas, means mort properly, public property. Salva defines it; "property which 
has no known owner, and therefore belongs to the sovereign or community."] 



90 ADDENDA, NO. LXIII. 



No. LXIII. 

PROCLAMATION FOR THE SALE OF THE MISSIONS. 

October 28, 1845. 

[See the same, Hallcck's Rep. App. 21; 1 Rockwell, 472; Jones' Rep. p. 75. This was not 
an "Act of the Departmental Assembly," as it has sometimes been styled, but a procla- 
mation of Governor Pico in execution of the Act of May 28, 1845, as will seen on consult- 
ing the original.] 

PIO PICO, Governor ad interim of the Department of the Californias, 
to the Inhabitants thereof, KNOW YE : 

That, in order to give due fulfilment to the resolution of the Excellent Depart- 
mental Assembly of the 28th of May last, relative to the leasing and alienating 
of the Missions, and being authorized by the aforesaid Excellent Body, 1 have 
thought proper to issue the following 

REGULATION FOR THE SALE AND LEASING OF THE MIS- 
SIONS. 

OF ALIENATION. 

Article 1. There will be sold in this Capital, to the highest bidder, the Mis- 
sions of San Rafael, Dolores, Soledad, San Miguel, and La Purisima, which are 
abandoned by their neophytes, (que se hallan abandonados de sus neofitcs.) 

Art. 2. Of the existing premises of [in, en] the pueblos of San Luis Obispo, 
Carmelo, San Juan Bautista, and San Juan Capistrano, and^which formerly 
belonged to the Missions, there shall be separated the churches and appurte- 
nances ; one part for the Curate's house, another for a court-house, and a place 
for a school, and the remainder of said edifice shall be sold at public auction, 
where an account of them will be given. 

Art. 3. In the same manner will be sold the property on hand belonging to 
the Missions — such as grain, produce, or mercantile goods — giving the prefer- 
ence for the same amount to the rentors, and deducting previously that part of 
said property destined for the food and clothing of the Reverend Padre Minister 
and the neophytes until the harvest of next year. 

Art. 4. The public sale of the Missions of San Luis Obispo, Purisima, and 
San Juan Capistrano shall take place on the first four days of the month of 
December next, notice being previously posted up in the towns of the depart- 
ment inviting bidders, and three publications being made in the Capital at 
intervals of eight days one from the other before the sale. In the same manner 
will be sold what belongs to San Rafael, Dolores, San Juan Bautista, Carmelo, 
and San Miguel on the 23d* and 24th of January, next year. 

Art. 5. From the date of the publication of these regulations, proposals will 
be admitted in this Capital to be made to government, which will take them 
into consideration. 

Art. 6. The total proceeds of these sales shall be paid into the departmental 
treasury, to pay therewith the debts of said Missions ; and should anything 
remain, it will be placed at the disposal of the respective Prelate for the main- 
tenance of religious worship, agreeably to Article 2 of the decree of the Depart- 
mental Assembly. 

OF RENTING. 

Art. 7. The Missions of San Fernando, San Buenaventura, Santa Barbara, 

* [This is a mistake, first made in Halleck's report, and copied by Jones and Rockwell. 
It is " 2d, 3d, and 4th." See oflicial original.] 



ADDENDA, NO. LXIII. 



91 



and Santa Ynez, shall be rented out to the highest bidder for the term of nine 
years. 

Art. 8. To this end bidders shall be convoked in all the departments, by 
fixing advertisements in the town, in order that by the 5th December next they 
may appear in this Capital, either personally or by their legal agents. 

Art. 9. Three publications shall be made in this Capital at intervals of eight 
days each, before the day appointed for the renting, and proposals will be 
admitted on the terms expressed in Article 5. 

Art. 10. There shall be included in said renting all the lands, out-door prop- 
erty, implements of agriculture, vineyards, orchards, workshops, and whatever 
according to the inventories made, belongs to the respective Missions, with the 
mere exceptions of those small portions of land which have always been occu- 
pied by some of the Indians of the Missions. 

Art. 11. The buildings are likewise included, excepting the churches and 
their appurtenances, the part destined for the Curate's house, the court-house, 
and place for a school. In the Mission of Santa Barbara no part of the prin- 
cipal edifice shall be included which is destined for the inhabitants of his Grace 
the Bishop and suite, and the Keverend Padres who inhabit it ; and there shall 
be merely placed at the disposal of the rentor, the cellars, movables and work- 
shops, which are not applied to the service of said Prelates. 

Art. 12. As the proceeds of the rent are to be divided into three parts to be 
distributed according to Article 5, of said decree, the rentor may himself deliver 
to the respective Padre, Prefect, or to the person whom he may appoint, the 
third part destined for the maintenance of the Minister and the religious wor- 
ship ; and only in the Mission of Santa Barbara, the half of said rent money 
shall be paid for the same object, in conformity with the 4th Article of the 
decree of the Departmental Assembly. 

Art. 13. The government reserves to itself the right of taking care that the 
establishments prosper ; in virtue of which it will prevent their destruction, 
ruin or decline, should it be necessary during the period of renting. 

Art. 14. The renting of the Missions of San Diego, San Luis Rey, San 
Gabriel, San Antonio, Santa Clara, and San Jose, shall take place when the 
difficulties shall be got over which at present exist with respect to the debts of 
those establishments, and then the government will inform the public ; and all 
shall be done agreeably to these regulations. 

ADVANTAGES AND OBLIGATIONS OF THE RENTORS. 

Art. 15. The rentors shall have the benefit of the usufruct of everything 
delivered to them on rent according to these regulations. 

Art. 16. The obligations of the rentors are : 1st. To pay promptly and 
quarterly when due the amount of rent. 2d. To deliver back, with improve- 
ments, at the expiration of the nine years, whatever they may receive on rent, 
with the exception of the stills, movables and implements of agriculture, which 
must be returned in a serviceable state. 3d. They shall return at the same 
time the number of cattle which they receive, and of the same description, and 
of such an age as not to embarrass the procreation of the following year. 
4th. They shall give bonds to the satisfaction of government before they receive 
the establishments, conditioned for the fulfilment of the obligations of the ren- 
tors — one of which is the payment of the damages which the government may 
be obliged to find against them, agreeably to Article 13. 

OF THE INDIANS. 

Art. 17. The Indians are free from their neophytism, and may establish 
themselves in their Missions or wherever they choose. They are not obliged to 
serve the rentors, but they may engage themselves to them, on being paid for 
their labor, and they will be subject to the authorities and to the local police. 



92 ADDENDA, NOS. LXIII, LXIV. 

Art. 18. The Indians radicated in each Mission shall appoint from among 
themselves, on the first of January in each year, four overseers, who will watch 
and take care of the preservation of public order, and be subject to the Justice 
of the Peace to be named by government in each Mission, agreeably to the 
decree of 4th July last. If the overseers do not perform their duty well, they 
shall be replaced by others, to be appointed by the Justice of the Peace, with 
previous permission from government, who will remain in office for the remain- 
der of the year in which they were appointed. 

Art. 19. The overseers shall appoint, every month, from among the best of 
the Indians, a sacristan, a cook, a tortilla-maker, a vaquero, and two washer- 
women, for the service of the Padre Minister, and no one shall be hindered from 
remaining in this service as long as he choose. In the Mission of Santa Bar- 
bara, the overseers will appoint an Indian to the satisfaction of the priest, to 
take care daily of the reservoir and water conduits that lead to the principal 
edifice, and he shall receive a compensation of four dollars per month, out of the 
rent belonging to the Indians. 

Art. 20. The Indians who possess portions of land, in which they have their 
gardens and houses, will apply to this government for the respective title, in 
order that the ownership thereof may be adjudicated to them, it being under- 
stood that they cannot alienate said lands, but they shall be hereditary among 
their relatives, according to the order established by law. 

Art. 21. From the said Indian population, three boys shall be chosen as 
pages for the Priest, and to assist in the ceremonies of the church. 

Art. 22. The musicians and singers who may establish themselves in the 
Missions shall be exempt from the burdens mentioned in Article 18, but they 
shall lend their services in the churches, at the masses, and the funciones which 
may occur. 

OF THE JUSTICES OF THE PEACE. 

Art. 23. The Justices of the Peace shall put in execution the orders com- 
municated to them by the nearest superior authority ; they will take care that 
veneration and respect be paid to matter appertaining to our religion and its 
Ministers, and that the 18th and 20th articles, inclusive of these regulations, 
be punctually fulfilled ; they will see that no one be hindered in the free use of 
his property ; they will quiet the little disturbances that may occur, and, if 
necessary impose light and moderate correction ; and if the occurrence should 
be of such a nature as to belong to the cognizance of other authorities, they 
will remit to such authorities the criminals and antecedents. 

And in order that it may come to the notice of all, I command that this be 
published by public edict in this capital and the other towns of the Depart- 
ment, and that it be posted up at the customary public places, and that it may 
be sent to whomsoever it may concern. 

Given at the City of Los Angeles, on the 28th day of October, 1845. 

PIO PICO. 

Jose Maria Covarrubias, Secretary. 



No. LXIV. 

ESPEDIENTE OF NOE FOR THE RANCHO SAN MIGUEL. 

Exhibit W to Deposition of R. C. Hopkins. 
His Excellency the Governor ad interim of the Department of California : 

Jose de Jesus Noe, a Mexican by birth and a resident of San Francisco de 
Asis represents to your Excellency that being the owner of a number of cattle 



ADDENDA, NO. LXIV. 93 

and horses, which stock is increasing, and not having a suitable place upon 
which to put them, he begs that your Excellency, by virtue of your powers, 
will grant him a square league of land, on the tract, now vacant, to the West 
and Northwest of the Establishment of Dolores, bounded by the ranches of the 
citizens Francisco de • Haro, Kobert Riddle, and Jose Cornelio Bernal and 
bordering on the sea, on the West, according to the map accompanying this 
petition. 

The petitioner respectfully solicits that your Excellency will grant this peti- 
tion, as he has a large family ; this not being on stamped paper on account of 
having none, swearing what is necessary, etc. 

San Francisco, May 28th, 1845. 

J. DE JESUS NOE. 

[Marginal decree.] 

Aug., June 14th, 1844. 

Let this be transmitted to the Justice of San Francisco for his report, let the 
said Judge notify the owners of the adjoining estates of this petition, that their 
property may receive no prejudice, also ascertain whether any other petition is 
pending, respecting the tract of land in question, and having done this, return 
this document to the Government. 

PICO. 

2d Constitutional Justice's Court of Yerba Buena. 

In view of the preceding Superior decree and in compliance with its dictates, 
I have to report : That having given notice to the owners of the estates adjoin- 
ing the land petitioned for, and having compared their respective maps, it 
appears that no injury will result to them. The said land is recognized as the 
property of the Ex-Mission of San Francisco (es de los que se reconoce por de 
su propiedad la Ex-Mission de S. Francisco,) and is now unoccupied ; it is 
near that solicited by Don Benito Diaz, whose petition is now pending, and 
which having been compared with this petition, does not conflict with it. 

The petitioner possesses the qualifications required by law. All which is 
submitted to the superior understanding of your Excellency, in compliance with 
the preceding decree and for the necessary purposes. 

Yerba Buena, Aug. 28th, 1845. 

J. DE LA 0. SANCHEZ. 

Angeles, Dec. 23d, 1845. 

In view of the petition commencing this Especliente, the report of the 2d 
Alcalde of San Francisco and other things referring to the matter : In con- 
formity with the law of August 18th, 1824 and the regulations of the 21st of 
November, 1828, 1 declare Don Jose Jesus Noe the owner of a square league 
of land in the immediate neighborhood of the Mission Dolores, being adjoining 
the lands of Don Francisco Haro, Kobert Eiddle and Jose Cornelio BernaL 
Let the necessary title issue and the espediente be retained to be submitted to 
the Most Excellent Departamental Assembly, for its approbation. Pio Pico, 
provisional Governor of the Californias has thus ordered, decreed, signed and 
duly attests. 

PIO PICO. 

Jose Maria Covarrubias, Secretary. 



Pio Pico Senior Vocal of the Departmental Assembly and Provisional 
Governor of California : 
Whereas, Don Jose Jesus Noe has solicited, for his individual benefit and 



94 ADDENDA, NO. LXIV. 

that of his family, a piece of land in the immediate neighborhood of the Ex- 
Mission of Dolores, one square league in extent : the customary investigations 
having been made, by virtue of the powers conferred upon me, in the name of 
the Mexican Nation, I do by this decree, grant the aforesaid land to the peti- 
tioner, declaring him, by these presents, the owner thereof, in conformity with 
the law of August, 18th, 1824, and the regulation of Nov. 21st, 1828, subject 
to the approval of the most Excellent Departmental Assembly and to the fol- 
lowing conditions : 

1st. The petitioner may enclose the land, without interfering with the cross- 
ings, roads and public conveniences, and he may enjoy it freely and exclusively, 
devotiug it to such purposes as he may see fit. 

2d. He shall apply to the proper Judge to place him in lawful possession, in 
accordance with this decree, and the said Judge will define the boundaries and 
the necessary landmarks. 

3d. The land granted, is one square league in extent, according to the map 
which accompanies the Espediente, and borders on the lands of Don Francisco 
Haro, Robert Riddle, and Jose Cornelio Bernal. The Judge who gives pos- 
session will have the land measured in conformity with the ordinance. 

I therefore order that the present title, being considered firm and valid, shall 
be registered in the proper book, and shall be delivered to the petitioner for his 
protection and other purposes. 

Given at the city of Los Angeles, on ordinary paper, for want of stamped 
paper, this 23d day of December, 1845. 

PIO PICO. 
Jose Maria Covarrubias, Secretary. 

This title has been duly registered in the proper book. 

Angeles, May 8, 1846. 
This Espediente having been submitted in session of to-day to the Depart- 
mental Assembly, it was referred to the Committee on Vacant Lands. 

PIO PICO, 
Agustin Olvera, Deputy Secretary. President. 



The Committee on "Vacant Lands has carefully examined the Espediente 
relative to the land in the immediate neighborhood of the Ex-Mission of 
Dolores solicited by Jose de Jesus Noe, which was granted by the Superior 
Departmental Government, in accordance with the laws concerning the matter, 
and it now has the honor of submitting the following report to your Excel- 
lency's consideration. 

It approves of the grant made to Jose de Jesus Noe of the tract of land in 
the immediate neighborhood of the Ex-Mission of Dolores, one square league in 
extent, according to the title issued on the 23d day of December of the past 
year, this being entirely in conformity with the law of August 18th, 1824, the 
article of October 5th, and the regulation of Nov. 21st, 1828. 

Given in the Hall of Commissions, in the City of Los Angeles, May 
22d, 1846. 

S. AGUELLO. 

Angeles, June 3d, 1846. 
In session of to-day the most Excellent Departmental Assembly approves of 
the contents of the preceding decree. 



ADDENDA, NOS. LXV, LXVL 95 



No. LXV. 

SUB-PREFECT GUERRERO INSTRUCTS THE JUDGE OF FIRST 
INSTANCE OF THE PORT OF SAN FRANCISCO RESPECT- 
ING THE DEFALCATION OF SYNDIC SHERREBACK, FEB. 

7, 1846. 

[Exhibit 16 to deposition of R. C. Hopkins.] 

Sub-Prefectura of the \ 
2d District. J 

In view of your note of the 3d of the present month, in relation to the 
accounts of the Sindicatura of Don Pedro Sherreback, and of the refusal of 
this (that) gentleman to reply to two official communications from your pre- 
decessor, asking a rendition of accounts. Wherefore, I require you to cause 
him to be summoned to appear before the Juzgado under your charge, and that 
he present the accounts, you first examining the same, and if they are not made 
out as they should be, showing corresponding vouchers, with the necessary 
entries of amounts received, so as to detect any bad faith, if any has been 
practiced ; and if they are not so found, you shall attach his property, if he 
have any, and if he have none, you shall imprison him till he make payment, or 
be sent to the public works. 

"Which I have the honor to say to you in reply, 

God and liberty. Terba Buena, Feb. 7th, 1846. 

FRANCISCO GUERRERO. 
To the Judge of 1st Instance, ) 

of the Pueblo of San Francisco. J 



No. LXYI. 

PETITION OF FITCH AND GUERRERO FOR LANDS AT THE 

PRESIDIO. 

May 13, 1846. 
[Exhibit No. 8 to Deposition of R. C. Hopkins.] 
To the Most Excellent Governor of the Department of the Calif ornias : 

Henry Fitch, naturalized in the Mexican Republic, and Francisco Guerrero, 
a Mexican by birth, residing in the Department, before your Excellency with 
due respect, represent : That finding a place in the point of the Presidio of 
San Francisco, which up to the present time, has not been occupied by any 
person ; that an arroyo which is found almost in the centre of said place, being 
suitable for the establishment of machinery for a mill, and other pieces for 
sowing purposes and the greater part Chimesal and Monte, as your Excellency 
will see by examining the accompanying diserio ; the said land being two and a 
half sitios a little more or less ; bounding in the South with the Ranchos of the 
citizens Francisco De Haro and Jose de Jesus Noe, on the S. S.E. with the 
Mission of San Erancisco ; on the East with Yerba Buena, and on the North 
and West with the sea shore ; the petitioners making known to your Excellency 
that they do not desire to prejudice the interests of any person whatever, who 
may be seeking to obtain, or who may already have obtained a title ; in that 
case they will only receive the favor (of a grant) for three thousand varas, 



96 ADDENDA, NO. LXVI. 

which may be on said arroyo, for the purpose of establishing said machinery, 
and then they can make an agreement with whoever may be the owner, and if 
your Excellency should be pleased to grant to the petitioners the favor they 
ask, subject to the ejidos of the poblacion of Yerba Buena, although they have 
not yet been designated (dejando en salvo hasta los ejidos de la poblacion de 
Yerba Buena aun que no estan nombrados) since in the concession of the land, 
some persons will be benefited, and the petitioners not being prejudiced By 
another who may obtain in property, some part of the said lands, of small 
extent, in pieces of desirable land, or of much monte or sand hills (arenales). 

Wherefore they earnestly pray your Excellency to be pleased to concede to 
them that which they ask, if it be may be convenient to do so, remaining 
satisfied with the determination of your Excellency, swearing to what is neces- 
sary ; writing this upon common paper, for want of that which is sealed. 

Yerba Buena, May 13th, 1846. 

FRAN™. GUERRERO, 
H. D. FITCH. 



(Certificate of the Justice of the Peace.) 

Jose de Jesus Nod, Justice of the Peace of the Jurisdiction of Yerba 
Buena. 

I certify, in relation to the petition of the citizens Francisco Guerrero and 
Henry D, Fitch, that the part of land asked for is vacant at this time, although 
there are other petitioners for the same, whose petitions are pending. The object 
of the last petitioners being to establish a mill which will be useful to the com- 
munity, and besides the petitioners limit themselves to a certain number of 
varas, it will not be prejudicial to other parties, if the Government should 
think proper to grant to one or another the lands indicated. And for the 
necessary ends I give this in Yerba Buena, on the 13th of May, 1846. 

J. DE JESUS NOE. 



ADDENDA, NO. LXVIL 



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100 ADDENDA, NO. LXIX. 

No. LXIX. 

AD. 1836. 

Extracts Kespecting Prefects, Sub-Prefects, Ayuntamientos, Alcaldes, 
and Justices of the Peace, from the Sixth Constitutional Law of 
Mexico. Adopted December 29th, 1836. 

[Bases y Lcyes Constitutionales de la Kepublica Mcxicana, decretados por el Cougreso gen- 
eral de la nation en el ano de 1836. Mexico : Imprenta del aguila, Jose Jimeno, 1837.] 

Art. 1. The Republic shall be divided into Departments, in conformity with 

the eighth organic (constitutional) base. The Departments shall be divided 

into Districts, and the Districts into Partidos. 
*•**■■*■*■** #-■*# 

Art. 16. In each chief town (capital, cabecera) of a District there shall be a 
Prefect, nominated by the Governor and confirmed by the General Government, 
who shall hold office for four years, and may be re-elected. 

* * * * ■* * -* # * *• 

Art. 18. It belongs to the Prefects : 1st. To maintain order and public 
tranquility in their Districts, with entire subjection to the Governor. 2d. To 
execute and cause to be executed the orders of the respective government of the 
Department. 3d. To watch over the fulfillment of their duties by the Ayun- 
tamientos, and in general over everything pertaining to police (al ramo de 
policia). 

Art. 19. In each capital (cabecera) of a Partido there shall be a sub-Prefect, 
nominated by the Prefect and approved by the Governor, who shall hold his 
office four years, and may be re-elected. 

* ■* * ##*##** 

Art. 31. The functions of Sub-Prefect in the Partido are the same as those 
of the Prefect in the Districts, subject to the Prefect, and through him to the 
Governor. 

Art. 22. There shall be Ayuntamientos in the capitals of Departments ; in 
those places (lugares) where there were such in 1808 ; in sea ports with a popu- 
lation of four thousand souls ; and in those pueblos which have a population of 
eight thousand. In those which do not possess the above population (que no 
haya esa populacion) there shall be Justices of the Peace (Jueces de Paz), also 
entrusted with police (policia), in such number as may be designated by the 
respective Departmental Juntas, in concert with the Governor. 

Art. 23. The Ayuntamientos shall be elected by the people in districts (ter- 
minos), to be fixed by a law. The number of Alcaldes, Councilmen (Regidores) 
and Syndics shall be determined by the respective Departmental Juntas, in con- 
cert with the Governor, except that there cannot be more than six Alcaldes, 
twelve Regidores, or two Syndics in the same Ayuntamiento. 

Art. 25. The Ayuntamientos shall be charged with the care of public health 
and accommodation, (literally, convenience, policia de salubridad y comodidad,) 
to watch over prisons, hospitals, and benevolent institutions which are not of 
private foundation, primary schools sustained by public funds, the construction 
and repair of bridges, highways, and roads, the raising and expenditure of public 
moneys from taxes, licenses, and the rents of municipal property, (la recaudacion 
e inversion de los propios y arbitrios,^ to promote the advancement of agricul- 
ture, industry, and commerce, and to assist the Alcaldes in the preservation of 
peace and public order among their inhabitants (vecindario), under absolute 
subjection to the laws and regulations. 

Art. 26. It shall be the duty of the Alcaldes to exercise in their pueblos the 



ADDENDA, NOS. LXIX, LXX. 101 

office of conciliators, to decide oral litigations, to take the necessary proceed- 
ings in urgent lawsuits in which recourse cannot be had to Judges of the First 
Instance ; and, in the same case, to take the preliminary proceedings in criminal 
cases ; to conduct such proceedings as are entrusted to them by the respective 
tribunals or judges ; and to watch over public tranquility and order, subject, in 
this respect, to the Sub-Prefects, and, through them, to the respective superior 
authorities. 

Art. 27. Those Justices of the Peace who are also charged with police 
powers [see ante, Art. 22], shall be proposed by the Sub-Prefect, nominated by 
the Prefect, and approved by the Governor ; hold office one year, and be re- 
eligible. 
f * * * * #•* *** 

Art. 29. Such Justices shall exercise in their respective pueblos the same 
powers which are designated for Alcaldes and Ayuntamientos, subject, in re- 
spect to these powers, to the Sub-Prefects, and, through them, to the respective 
superior authorities. In those towns (lugares) where there are not a thousand 
inhabitants, the functions of Justices of the Peace shall be restricted to watch- 
ing over the public peace, and to the administration of police, and to exercising 
judicial functions, both civil and criminal, in cases whose urgency does not per- 
mit a resort to the nearest respective authorities. 

Art. 30. The official trusts (cargos) of Sub-Prefects, Alcaldes, Justices of 
the Peace charged with police administration, Eegidores, and Syndics, pertain 
to the Pueblo,* and cannot be resigned without a legal excuse, approved by the 
Governor, or, in case of a re-election. 

Art. 31. A secondary (supplemental) law shall detail everything relating to 
the exercise of the duties of Prefects, Sub-Prefects, Justices of the Peace, Al- 
caldes, Regidores, and Syndics, etc., etc. 



No. LXX. 

A.D. 1845. 
ESPEDIENTE OF BENITO DIAZ, FOR THE POINT OF LOBOS. 

[California Archives, Irregular Espediente, No. 255.] 
Angeles, ) Most Excellent Senor Governor : — Benito Diaz, a 

Let it M b7t 2 mnsmitted to native of the Californias, and a resident of San 
the respective Judge, and Francisco, before your Excellency as may be most ac- 
await the Military Com- cep t a ble. and with due respect represents : That 
mandant, to say what he , r . , , „ , Jr ., 1 % , ■, 

may deem convenient, so having some head of large cattle, and not having a 
that, in view of all, when it place whereon to put them for the increase thereof, 
IrlSr'the"^"'^™: and as there is a vaeant plaee in the jurisdiction of 
solve what may be conve- San Francisco, known by the name of Punta de 
petition? thG Par pico h ° Lobos > bounded on the north by the sea running 
toward the port of San Francisco, on the south by 
the high land lying back of the Mission of San Francisco, known by the name 
of the Serro de la Laguna Honda, on the east by the high hill, and on the west 
by the Point of Lobos, which may be comprehended, a little more or less, two 
square leagues (sitios de ganado mayor), adverting that the ruins of the Presidio 

■* Note.—" Los cargos de Sub-Prefectos, Alcaldes, Jueces de Paz encargados de policia, 
Eegidores y Sindicos son concejrfes." Concejil, adj. Lo perteneciente al concejo, 6 lo que 
es comun a los vecinos de un pueblo. Salva Die. Esp. in verbo. See Argument, § 13. 



102 * ADDENDA, NOS. LXX, LXXI. 

of San ranci sco and castle (fort) which lie within the place, are not included in this 
petition, unless the Government should wish to grant me said ruins, obligating 
myself, if it be effected, to build a house at the port of San Francisco, for the 
Military Commandant, to be twenty-five varas long and six wide. Wherefore, 
I request your Excellency to take into consideration my petition and grant me 
the land I ask, which I hope, from the well-known goodness of your Excellency, 
by which I will receive a favor, swearing that which is necessary, etc. 

BENITO DIAZ. 
Terba Bdena, April 3d, 1845. 



In view of the preceding Decree relating to information of the land which 
the petitioner asks, I will say that it is vacant, and that said petitioner possesses 
the necessary requisites, according to the law in the matter ; but as to the place 
occupied by the military point, I cannot give information, because I know noth- 
ing of its commons (ejidos). 

Pueblo of San Francisco, August 16th, 1845. 

J E . DE LA C. SANCHEZ. 



Office of Military Commandant of San Francisco, ) 
October 18th, 1845. j* 

In conformity with the preceding superior Decree, issued by the Most Excel- 
lent Seiior, Governor ad interim of this Department, on the 24th of May of the 
present year, I have to say, that the land which the interested party asks, being 
vacant, I believe can be granted to him without including in the concession the 
two military points of the Presidio and castle (fort) which are comprehended in 
his petition. 

FRAN 00 . SANCHEZ. 



No. LXXI. 

A.D. 1844. April. 

The Inhabitants of the Mission of (Dolores of) San Francisco complain 
that their settlement has never been recognized as a pueblo, and ask 
the Governor to extinguish the name of Mission and declare it a 
Pueblo for the future. The Governor declines to act. 

[California Archives ; Unbound Documents.] 
[translation.] 
Let the Secretary of state Most Excellent Sir : The undersigned, all resi- 
t^due^iSfiou dents (vecinos) of the jurisdiction of San Francisco 

MICHELTA. de Asis, and established in the ex-Mission of this 
name, before your Excellency, respectfully and in due form, represent, that all of 
us being desirous to do all that we can for the increase and advancement of this 
settlement (poblacion) ; also, to promote the branches of industry, agriculture, 
and commerce, as far as it is in our power. Up to the present time, in spite of 
the data which proved the contrary, this place is still hitherto commonly recog- 
nized as a Mission (se reconoce aun y corre por Mision), and notwithstanding the 
data to which we refer, which show that it ought to be held and recognized as 
a Pueblo, such as the Bando issued by his Excellency the Governor D. Juan 



ADDENDA, NO. LXXI. 103 

B. Alborado, on the 27th of February, 1839, in which this establishment was 
named as a " cabecera de partido," (seat of the partido government) that the 
one issued by your Excellency on the 25th April, 1843, in which this was ex- 
cepted in the order to return the Missions to the Fathers ; and lastly, according 
to that of the 28th of September, of the same year, issued also by your Excel- 
lency, the 2d article of which required 1st and 2d Alcaldes to be appointed for 
the place, among the others which your Excellency thought proper to distinguish 
with this honorable designation. Wherefore, in consideration of said data, for 
the extinction of such title of Mission, as well as that the same be recognized 
in future as a Pueblo, and in order to avoid controversies, that the office of 
mayordomo which exists, although with a small number of Indians of both sexes 
in community (en comunidad) ; also, that by the authorities a proper impulse 
may be given, and a due observance of the decrees and regulations of police 
(policia) and good government ; and, finally, in order that the public may be 
undeceived in relation to the title that it now has, and that the difficulties and 
obstacles that have embarrassed the settlement and prosperity of the said settle- 
ment (poblacion), may in the future be avoided. Wherefore, we apply to the 
ample powers of you Excellency, in order that in the use of the same, and in 
consideration of what has been set forth, you may be pleased to declare in due 
form the same to be a Pueblo, and in consequence of its being such, by your 
superior approbation, permit us to ratify the same, which act will be duly 
solemnized in accordance with our authorities, making due acknowledgments to 
your Excellency for this favor. Wherefore, we earnestly pray you to look 
propitiously upon our petition (solicitud) and to admit this on common paper, 
there being no sealed paper in this place. 
S. Francisco de Asis, April 8, 1844. 

Francisco de Haro, T. de la C. Sanchej, Fran'co Guerrero, Fran'co 
Sanchez, F. de Jesus Noe, Manuel Sanchez, Cand'llo Yalencia, Eamon 
de Haro, Bisente Miramontes, Jose Jesus, Fran'co M. Haro, Ysdro T. 
Sanchez, Felipe Soto, Domingo Felis, Jose Bernal — [something obscure 
here.] 

Note.— This is in the hand- The preceding paper, subscribed by some citizens 
S^ntSt^SfStoS; (algunos vecinos) of San Francisco: I understand 
but not signed by him. that it is not of such urgency as to require you to de- 

termine the matter until you have the condition in which the Mission is, which 
is indebted to some merchants, and these have asked that the same be satisfied 
with some of the property of the Mission. Therefore, your Excellency can 
determine what is proper as soon as you make the visit that you have resolved 
upon. 

Monterey, 29th April, 1844. 

Monterey, April 30, 1844. 
In accordance with the opinion of the Secretary of State, and as the Gover- 
nor has determined, let it be known to the gentlemen who subscribe, assuring 
them that the Government can never desire anything but their welfare, consist- 
ently with the general good (publico general), which it is his duty to promote. 

MICHELTO** 



104 ADDENDA, NOS. LXXII, LXXIII. 

NO. LXXII. 

A.D. 1847. March. 

GENERAL KEARNY, MILITARY GOVERNOR OF CALIFORNIA, 
RECOGNIZES THE CORPORATE TOWN OF SAN FRANCISCO, 
AND GRANTS IT BEACH AND WATER LOTS. 

[Executive Document No. 17, House of Rep., 1st Sess. 31st Cong., page 146.] 

I, Brigadier-General S. W. Kearny, Governor of California, by virtue of au- 
thority in me vested by the President of the United States of America, do 
hereby grant, convey, and release unto the town of San Francisco, the people, 
or corporate authorities thereof, all the right, title, and interest of the Govern- 
ment of the United States and of the Territory of California, in and to the 
beach and water-lots on the east front of said town of San Francisco, included 
between the points known as the " Rincon " and " Fort Montgomery," excepting 
such lots as may be selected for the use of the Government by the senior officers 
now there : Provided the said grant hereby ceded shall be divided into lots, and 
sold at public auction, to the highest bidder, after three months' notice previous- 
ly given ; the proceeds of said sale to be for the benefit of the town of San 
Francisco. 

Given at Monterey, capital of California, this 10th day of March, 1847, in 
the 71st year of the independence of the United States. 

S. W. KEARNY, 
Brig.-Gen. and Governor of California. 



No. LXXIII. 

A.D. 1849. March. 

THE CITIZENS OF SAN FRANCISCO INSTITUTE A " DISTRICT 
LEGISLATURE." 

[Executive Document No. 17, House of Rep., 1st Session 31st Cong. (1849-50) pages 728, etc.] 

No. I. 

A public meeting of the citizens of the town and district of San Francisco 
was held in the public square on Monday afternoon, the 12th instant, in accord- 
ance with previous notice. 

The meeting was organized by calling Mr. Norton to preside, and S. W. 
Perkins to act as secretary. 

The chairman, after reading the call of the meeting, opened it more fully by 
briefly but succinctly stating its object ; when Mr. Hyde, on being invited, after 
some preliminary remarks, submitted the following plan of organization or gov- 
ernment for the district of San Francisco : 

Whereas, we, the people of the district of San Francisco, perceiving the 
necessity of having some better defined and more permanent civil regulations for 
our general security than the vague, unlimited, and irresponsible authority that 
now exists, do, in general convention assembled, hereby establish and ordain : 



ADDENDA, NO. LXXIII. 105 

ARTICLE I. 

Section 1. That there shall be elected by ballot a Legislative Assembly for the 
district of San Francisco, consisting of fifteen members, citizens of the district, 
eight of whom shall constitute a quorum for the transaction of business ; and 
whose power, duty, and office shall be to make such laws as they in their wisdom 
may deem essential to promote the happiness of the people, provided they shall 
not conflict with the Constitution of the United States, nor be repugnant to the 
common law. 

Sec. 2. Every bill which shall have passed the Legislative Assembly shall, be- 
fore it becomes a law, be signed by the speaker and the recording clerk. 

Sec. 3. It shall keep a journal of its proceedings, and determine its own rules. 

Sec. 4. The members of the Legislative Assembly shall enter upon the duties 
of their office on the first Monday of March. 

ARTICLE II. 

Section 1. That for the purpose of securing to the people a more efficient ad- 
ministration of law and justice, there shall be elected by ballot three justices of 
the peace, of equal though separate jurisdiction, who shall be empowered by 
their commission of office to hear and adjudicate all civil and criminal issues in 
this district, according to the common law, as recognized by the Constitution 
of the United States, under which we live. 

Sec. 2. That there shall be an election held, and the same is hereby ordered, 
at the Public Institute, in the town of San Francisco, on Wednesday, the 21st 
of February, 1849, between the hours of eight a. m. and five p. m., for fifteen 
members of the Legislative Assembly for the district of San Francisco, and three 
justices of the peace, as hereinbefore prescribed. 

Sec. 3. That the members of the said Legislative Assembly, and the three 
justices of the peace elected as hereinbefore prescribed, shall hold their office for 
the term of one year from the date of their commissions, unless sooner super- 
seded by the competent authorities from the United States Government, or by 
the action of a provisional government now invoked by the people of this Ter- 
ritory, or by the action of the people of this district. 

Sec. 4. Members of the legislature and justices of the peace shall, before they 
enter upon the duties of their respective offices, take and subscribe the following 
oath : 

I do solemnly swear that I will support the Constitution of the United States 
and government of this district, and that I will faithfully discharge the duties 
of the office of , according to the best of my ability. 

Mr. Harris moved the adoption of the plan entire, which was seconded ; when 
Mr. Buckalew moved to supersede the plan of government presented by submit- 
ting the subject to a committee to be appointed by the meeting, and whose duty 
it should be to report to an adjourned meeting. Thereupon an animated dis- 
cussion ensued. Mr. Buckalew's motion having been seconded, was lost by 
vote ; when the question recurred on the original motion of Mr. Harris, which 
was carried almost unanimously. 

On motion of Mr. Hyde, it was 

Resolved, That the judges of the election to be held on the 24th instant shall 
meet at the Public Institute, in the town of San Francisco, on the 2 2d instant, 
at 10 o'clock a. m., to present to the justices of the peace their commissions, and 
administer to them their oath of office. 

On motion of Mr. Per Lee, it was determined that every male resident of the 
age of twenty-one years or upwards shall be entitled to vote at the said election. 

On motion of Mr. Roach, it was 

Resolved, That the persons who were elected on the 27th of December last to 



106 ADDENDA, NO. LXXIII. 

serve as a town council for the year 1849, and those who were elected for the 
same purpose, on the 15th of January, 1849, be, and are hereby, requested to 
tender their resignations to a committee selected by this meeting to receive the 
same. 

Messrs. Ellis, Swasey, Long, Buckalew, and Hyde were elected such com- 
mittee. 

On motion, it was 

Resolved, That these proceedings be published in the " Alta California." 

On motion, the meeting then adjourned. 

MYRON NORTON, 

T. W. Perkins, President. 

Secretary. 

No. II. 

San Francisco, March 23, 1849. 
I do hereby certify, that at an election held for justices of the peace and for 
members of the district legislature, on the 21st day of February, 1849, Myron 
Norton, Heron R. Per Lee, and William M. Stewart, were elected justices of 
the peace ; Stephen A. Wright, Alfred J. Ellis, Henry A. Harrison, George 0. 
Hubbard, George Hyde, Isaac Montgomery, William M. Smith, Andrew J. 
Grayson, James Creighton, Robert A. Parker, Thomas J. Roach, William F. 
Swasey, Talbot H. Green, Francis J. Lippitt, and George Hawk Lemon were 
elected to the district legislature. . 

O V- w. GILLESPIE, 
One of the Judges, and Inspector of Election. 



No. III. 

I hereby certify that I administered the oath of office to the members of the 
legislature of the district of San Francisco, on the 5th of March, 1849. 

H. R. PER LEE, 

Justice of the Peace. 
San Francisco, March 20, 1849. 



No. IY. 

Monday Evening, March 5, 1849. 

The Legislative Assembly of the district of San Francisco met the first time at 
the Public Institute. Present : Messrs. Creighton, Ellis, Grayson, Green, 
Harrison, Hubbard, Hyde, Lemon, Lippitt, Montgomery, Parker, Roach, Smith, 
Swasey, and Wright. 

The oath of office was administered to the aforesaid members elect by his 
Honor Judge H. R. Per Lee. 

Mr. Hyde was then appointed chairman pro tempore. 

The members then proceeded to elect, by ballot, their officers, Messrs. Roach 
and Smith having been appointed tellers, who, after counting the votes, declared 
Francis J. Lippitt duly elected as speaker of the house, and J. Howard Acker- 
man clerk. Accordingly, Mr. Lippitt took the chair. 

On motion, a committee of three were appointed to draw up rules of proceed- 
ing, to report at a special meeting to be held on Tuesday evening, at 7 o'clock. 
Messrs. Harrison, Hyde, and Roach, committee. 



ADDENDA, NOS. LXXIII, LXXIV. 



107 



Mr. J. Cade was appointed sergeant-at-arms, and Mr. E. Gilbert printer for 
the house. 

On motion, a special committee of three were appointed to act in connection 
with the judges of the district, to report a code of laws as soon as practicable. 

On motion, Mr. Lippitt was added to the committee. Messrs. Hyde, Har- 
rison, and Creighton, committee. 

The following resolution was presented by Mr. Hyde, which, after some dis- 
cussion, was carried unanimously : 

Resolved, That Mr. Frank Ward be appointed the treasurer of the district of 
San Francisco, to act temporarily until properly superseded by law, and who 
shall be empowered to receive all bonds, mortgages, notes, and money or moneys 
now in the hands of any officers existing under the late authority, and report 
the amount to this house. 

Moved by Mr. Smith, and seconded, that a suitable place be provided in which 
the magistrates elect may hold a court. 

On motion, a committee of three were appointed to confer with the judges on 
the subject. Messrs. Parker, Wright, and Ellis, committee. 

On motion, the meeting adjourned until Friday evening, at 7 o'clock. 

FRANCIS J. LIPPITT, 
Speaker. 

True copy from the minutes : 

J. Howard Ackerman, Clerk. 



No. LXXIV. 

A.D. 1849. June 4. 

GENERAL RILEY, MILITARY GOVERNOR OF CALIFORNIA, 
DENOUNCES THE "LEGISLATIVE ASSEMBLY OF SAN 
FRANCISCO." 

[Executive Document No. 17, House of Eep., 1st Session, 31st Congress, page 773.] 

PROCLAMATION. 

To the People of the District of San Francisco. 

Whereas, proof has been laid before me that a body of men styling themselves 
" the Legislative Assembly of the District of San Francisco," have usurped pow- 
ers which are vested only in the Congress of the United States, by making laws, 
creating and filling offices, imposing and collecting taxes, without the authority 
of law, and in violation of the Constitution of the United States, and of the 
late treaty with Mexico : Now, therefore, all persons are warned not to coun- 
tenance said illegal and unauthorized body, either by paying taxes or by sup- 
porting or abetting their officers. 

And, whereas, due proof has been received that a person assuming the title of 
sheriff, under the authority of one claiming to be a justice of the peace in the 
town of San Francisco, did, on the 31st of May last, with an armed party, 
violently enter the office of the 1st Alcalde of the District of San Francisco, and 
there forcibly take and carry away the public records of said district from the 
legal custody and keeping of said 1st Alcalde : Now, therefore, all good citizens 
are called upon to assist in restoring said records to their lawful keeper, and in 
sustaining the legally-constituted authorities of the land. 

The office of justice of the peace in California, even where regularly consti- 
tuted and legally filled, is subordinate to that of Alcalde ; and for one holding 



108 ADDENDA, NOS. LXXIV, LXXV. 

such office to assume the control of, and authority over, a superior tribunal, 
argues an utter ignorance of the laws, or a willful desire to violate them, and to 
disturb the public tranquility. It is believed, however, that such persons have 
been led into the commission of this rash act through the impulse of the moment, 
rather than any willful and settled design to transgress the law ; and it is hoped 
that on due reflection they will be convinced of their error, and unite with all 
good citizens in repairing the violence they have done to the laws. It can 
hardly be possible that intelligent and thinking men should be so blinded by 
passion, and so unmindful of their own interests and the security of their prop- 
erty, after the salutary and disinterested advice and warnings which have been 
given them by the President of the United States, by the Secretaries of State 
and of War, and by men of high integrity and disinterested motives, as to coun- 
tenance and support any illegally constituted body in their open violation of the 
laws, and assumption of authority which in no possible event could ever belong 
to them. 

The office of alcalde is one established by law, and all officers of the United 
States have been ordered by the President to recognize and support the legal 
authority of the person holding such office ; and whatever feelings of prejudice 
or personal dislike may exist against the individual holding such office, the office 
itself should be sacred. For any incompetency or mal-administration, the law 
affords abundant means of remedy and punishment — means which the Executive 
will always be found ready and willing to employ, to the full extent of the 
powers in him vested. 

Given at Monterey, California, this 4th day of June, in the year of our Lord 
1849. 

B. RILEY, 
Brevet Brig.-Gen. U. S. A., and Governor of California. 

Official : 

H. W. Hallrck, 

Brevet Captain, and Secretary of State. 



No. LXXV. 

A.D. 1849. June 5th. 

GOVERNOR RILEY, UNITED STATES MILITARY GOVERNOR 
OF CALIFORNIA, RESTORES THE AYUNTAMIENTO OF THE 
PUEBLO OF SAN FRANCISCO. 

[Executive Document No. 18, House of Rep. 1st Sess. 31st Congress, page 774.] 

State Department of the Territory of California, ) 
Monterey, June 5, 1849. ) 

Gentlemen : I am directed to send you the enclosed appointment as judges 
and inspectors, to give notice and hold a special election for filling certain vacan- 
cies in the district and town of San Francisco. 

The growing importance of your town, and the immense amount of business 
transacted there, render it important for the security of property and of the 
rights of citizens, that it should not be kept without regular and legally-consti- 
tuted officers for the administration of justice, and the management of the 
affairs of your Municipality. It is therefore hoped that an election will be held, 
with no more delay than may be necessary in order to have the notice generally 
known in the town and district. 



ADDENDA, NO. LXXV. 



109 



It is the opinion of all eminent legal authorities which have been consulted, 
that all laws of California which existed at the time this country was annexed 
to the United States, and which are not inconsistent with the Constitution, laws, 
and treaties of the United States, are still in force, and must continue in force 
till changed by competent authority. The powers and duties of all civil officers 
in California, except so far as they may have been modified by the act of an- 
nexation, are therefore the same as they were previous to the conquest of the 
country. As the laws touching the subject of Town Councils ( Ayuntamientos) 
may not be of convenient reference, I am directed to subjoin a few of their pro- 
visions. The number of members for each town cannot exceed 6 alcaldes, 12 
council men (regidores), 1 collector, and 2 treasurers, (or 2 syndicos ;) to change, 
however, from their number previously established, requires the assent of the 
Governor. For the town of San Francisco, such assent is hereby given for any 
number not exceeding the provisions of the law. 

The council is charged with the police and good order of the town, the con- 
struction of roads, the laying out, lighting, and paving of streets, the construc- 
tion and repair of bridges, the removal of nuisances, the establishment of public 
burying grounds, the building of jails, the support of town paupers, the grant- 
ing of town licenses, the examination of weights and measures, the levying of 
municipal taxes, and the management and disposition of all municipal property. 
The council appoints its own secretary, who, as well as the members, before en- 
tering upon their respective duties, must take the usual oath of office. Each 
member of the Council is bound to assist the alcaldes in executing the laws, and 
is individually liable for any mal-administration of the municipal funds, provided 
he voted for such mal-administration. A full account of the receipts and ex- 
penditures of the council must be kept, and at the end of each year submitted 
to the prefect or sub-prefect of the district, who, after his examination, will 
transmit them to the Governor, for file in the government archives. In case of 
the death or removal of any member of the council, the vacancy may be sup- 
plied by a special election ; but if such vacancy occur within three months of 
the close of the year, it will not be filled till the regular annnal election. In 
case of the suspension of the members of the council, those of the preceding 
year may be reinstated, with their full powers. 

As questions are frequently asked respecting town lots, I am directed to say 
that the most recent law on the subject, that can be found in the government 
archives, gives to the council (ayuntamiento) power to sell out in building lots 
(solares) the municipal lands (propios) which have been regularly granted to 
the town ; but the common lands (egidos) so granted canuot be sold without 
special authority. All public lands without the limits of the town form a part 
of the public domain, and can be disposed of only by authority of Congress. 

The laws require that the results of elections be transmitted to the Governor 
for his approval and placed on file in this office. This is not always a useless 
form, for in some cases it is necessary to accompany legal papers with certificates 
of the Governor or Secretary of State that certain officers have been duly elected 
and qualified — which certificates cannot be given unless the requisite evidence of 
election is deposited in the government archives. 

By order of Governor Riley : 

H. W. HALLECK, 
Brevet Captain, and Secretary of State. 

Messrs. R. A. Parker, Frederick Billings, John Servine, W. S. Clark, Stephen 
Harris, B. R. Buckalew, William H. Tillinghurst, A. J. Grayson, J. P. 
Haven, San Francisco. 



110 



ADDENDA, NO. LXXVI. 



No. LXXVI. 

Comparative Table of the Population of the Pueblo of San Francisco and of 
the Mission of Dolores. 

Presidial Pueblo of San Francisco. Indian Neophites at Dolores. 



A. D. 


Men. 


Worn. 


Boys. 


Girls. 


Total. 


Men. 


"Worn. 


Boys. 


Girls. 


Total. 


*1794 


46 


33 


38 


26 


143 


* 355 


369 


110 


79 


913 


fl800 


79 


49 


46 


49 


223 


f 315 


260 


32 


37 


644 


1 1815 


125 


92 


74 


82 


373 


t 542 


391 


90 


92 


1115 


§1830 


59 


46 


13 


13 


131 


I 140 


53 


13 


13 


219 


TT 1842 










160 


** 








50 


|| 1842 




... 


... 


to 


100 


ft ..- 






to 


37 



SOURCES OF INFORMATION. 

* California Archives, State Papers, Vol. II Missions, page 35. 

ft- « « in « « 278. 

t " " " IV " " 372. 

§ " " " V " " 297. 

IT Census of San Francisco, a. d. 1842, Addenda, No. LV, page 78. 

|| 1 DeMofras, page 318. 
** 1 DeMofras, page 320. Addenda, No. LXVII, page 97. 
tt Addenda, No. LV, page 78. There were only 37 Neophytes. 



ADDEKDA, NO. LXXVn. Ill 

No. LXXVIL 

EARLY OFFICERS OF SAN FRANCISCO. 

It will be convenient to have in a complete form a list of the early officers 
of San Francisco, with the dates of their terms of service. The following list 
is one prepared by James W. Bingham, Esq. the present City Clerk. 

On the third of November, 1834, the Departmental Legislature of California 
passed an act authorizing the election of an Ayuntamiento in San Francisco ; 
in pursuance of which, Francisco De Haro was elected First Alcalde. 

The second election took place November 27th, 1835, when Jose Joaquin 
Estudillo was elected First Alcalde. The succeeding Alcaldes under Mexican 
authority (but who, in many instances, were Justices of the Peace exercising 
the functions of Alcaldes) were : 

Francisco Guerrero 1836. 

Y. Martinez 1837. 

Francisco De Haro 1838. 

* Francisco De Haro 1839. 

Francisco Guerrero 1840. 

Francisco Guerrero 1841. 

Francisco Guerrero j 1 842. 

Jesus Noe \ 1842. 

Francisco Sanches 1843. 

Guillermo Hinkley 1844. 

Juan N. Padilla j 1845. 

\*~4 Jesus De la Gaz Sanchez ( 1845. 

J Jose De Jesus Noe 1846. 

On the eighth day of July, 1846, San Francisco was formally taken posses- 
sion of by Captain John B. Montgomery, commanding the United States sloop 
of war " Portsmouth," by whom Lieut. Washington A. Bartlett was appointed 
Chief Magistrate, or Alcalde, which appointment was subsequently ratified by 
a formal election by citizens. Mr. Bartlett held the office, with a brief interval, 
until February, 1847. His successors were : 

Edwin Bryant February 22d to June, 1847. 

George Hyde June, 1847, to April, 1848. 

J. Townsend April to September, 1848. 

T. M. Leavenworth September, 1848, to August, 1849. 

John W. Geary August, 1840, to May, 1850, 

The two Ayuntamientos immediately preceding the incorporation of the city 
were composed as follows : 

* Note.— The first official survey of the vicinity of the landing, or -water front, appears /j •• 
to have been made in 1836, by Capt. John V e igo t, by direction of the then Alcalde, and * c ° ? 
included that portion of the present city lying between Montgomery, Pacific, Dupont and 
Sacramento streets ; Montgomery Street being the then water front. 



112 



ADDENDA, NO. LXXVII. 



August 6th, 1849, to January 10th, 1850. 

Horace Hawes, Prefect. 

Joseph R. Curtis, ) Sub _ Prefecte< 

Francisco Guerrero, f 

John W. Geary, First Alcalde. 

Frank Turk, Second Alcalde. 



COUNCILMEN. 



Thos. B. Winston, 
Samuel Brannan, 
Alfred J. Ellis, 
Wm. H. Davis, 



Wm. M. Stewart, 
Henry A. Harrison, 
Bezer Simmons, 
Gabriel B. Post. 



Frank Turk 
Henry L. Dodge 



,i 



Rodman M. Price, 
Stephen R. Harris, 
John Townsend, 
Talbot H. Green. 



Secretaries. 



January 11th to May 8th, 1850. 

John W. Geary, First Alcalde. 
Frank Turk, Second Alcalde. 



COUNCILMEN. 



Samuel Brannan, 
Alfred J. Ellis,. 
Hugh C. Murray, 
Jas. S. Graham, 



Wm. H. Davis, 
Wm. M. Stewart, 
F. C. Gray, 
Jas. Hagan, 



Jonathan Cade, Sergeant-at-Arms. 



Mathew Crooks, 
A. M. Van Nostrand, 
Frank Tilford, 
Talbot H. Green. 
Henry L. Dodge, Secretary. 



ADDENDA, NO. LXXVIII. 



113 



No. LXXVIII. 

SCHEDULE OF GRANTS BY MUNICIPAL AUTHORITIES OF SAN 
FRANCISCO, BETWEEN THE YEAR 1835 AND JULY 7th, 1846. 



Date 
of Grant. 


By -whom signed. 


Grantee. 


Quantity. 


Description, etc. 


1836. 
June 2 
July 8 

1837. 
Mar. 14 


Estudillo, Alcalde . . 
t< i< 

Martinez, Alcalde . . 
tt n 

a tt 

De Haro, Alcalde. . 
<« « 

(< tt 

Guerrero, J. de P. . . 

tt It 

If tt 
tt tt 

tt It 
tt tt 
tt tt 
ft tt 
ft it 
tt a 
tt a 

Sanchez, J. de P. . . 
tt it 

tt it 

tt tt 

tt tt 

tt it 
tt ft 
tt tt 
tt tt 

ft ft 
ft it 
tt tt 

tt tt 

Sanchez, J. de P. . . 

tt ' tt 

tt it 
tt tt 

Hinckley, Alcalde . . 
a n 

a << 


W. A. Richardson. . 
J. P. Leese 

J. Fuller 


100 
100 

100 
100 
200 x 50 

100 
200x50 

100x50 
100 

100 

50 

100 

100x50 
100x50 

50 
50 
50 

50 
50 
50 
50 

50 

50 

50 

50 

50 
100x50 

50 
200 

50 

50 

50 

50 

50 

50 

50 

100 
50 
50 


No. In Yerba Buena 
No. 56 " 

No. 24 " 


Nov. 8 
Dec. 7 


F. Sanchez 

J. Feil 


No. 76 

No. ? " 


1838. 
Mar. 30 


F. Casares 


No. 49 " 


Dec. 1 

1839. 
Jan. 18 


W. Gulnac 

S. Vallejo 


No. 49 " 
No. ? " 


April 18 

Dec. 1 

9 

1840. 

Jan. 1 5 

15 

15 

15 


J. Pena. 


No. ? " 


W. Hinckley 

J. C. Davis 

J. P. Leese 

J. A. Vallejo 

J. B. Cooper 

J. Vioget 


No. 19 

No. 18 " 

No. 7 " 

No. 3 

No. 50 

No. 23 " 


16 
Aug. 4 
Nov. 18 

18 

18 


J. Vioget 

G. Escolante 

L. Galindo 

C. Valencia 

F. Gomez 


Back Leese house " 

In Yerba Buena 

At Dolores 
a 

it 


1842. 
Mar. 8 
8 


W. Hinckley 

G. Allen 


tt 
No. 21 Yerba Buena 


May 1 
Oct. 12 


P. Sherback 

C. Moreno 


No. 20 " 
M. Dolores 


1843. 
April 
April 
14 


V. Miramontes 

F. DeHaro 

J. Noe 


No. 55 In Yerba Buena 
No. 31 
No. 51 


15 


D. Felis 


No. 32 " 


15 




No. 33 " 


July 3 

Aug. 15 

20 


W. A. Leisdesdorff. 

B. Valencia 

D. Felis 


Nos. 49, 30 " 
No. 16 

In Dolores 


Oct. 15 
Nov. 15 
Dec. 15 


G. Escolante 

F. Guerrero 

T. Malla 


No. 15 In Yerba Buena 

No. 4 

No. 154 " 


Dec. 15 


H. Bee 


No. In Yerba Buena 


15 
15 

27 


J. Castaneda 

T. Maya 

J. Martin 


No. 53 

No. 54 . " 

No. 35 " 


1844. 
Mar. 10 
April 1 
July 12 


C. W. Fluge 

J. Briones 


No. 26 

tt 


R. Ridley 


No. 139 



8* 



114 



ADDENDA, NO. LXXVIII. 



April 
May 



Date 
of Grant. 

1844 

July 12 

19 

Nov. 13 

Dec. 1 

15 

15 

17 

17 

21 

24 

24 

1845. 

9 

18 

3 

10 

10 

Aug. 10 

22 

Oct. 20 

Nov. 25 

30 

Dec. - 

1846 

April 2 

22 

22 

May 14 

15 

20 

22 

22 

25 

28 

29 

30 

June 3 

6 

18 

19 

19 

19 

20 



By -whom signed. 



Hinckley, Alcalde. 



J. R. Berry 

B.Dias& J.P.Mesa 

C. Glien 

E. T. Bale 

J. Rose 

A. A. Andrews 

G. Reynolds 

E. S. Bernal 

J. P. Dedmund. . . . 

W. Johnson 

W. Richardson 



Padilla, Alcalde. . . . 



C. Sanchez, Alcalde 



Noe, J. de P. .. 
Sanchez, J. dc P. 
Noe, J. de P.... 



Grantee. 



Quantity. 



R. Haro 

T. Smith 

J. Pena 

E. Sota 

L.Pena 

F. Sanchez. . . 

F. LePage... 

W. Fisher 

P.Estrada 

M. Pcdrorena. 
S. Smith 

G. Briones.. . . 



R. T. Ridley 

W. Eeidesdorff. . . 

J. A. Forbes 

H Fitch 

F.Hacn&G.Dopling 
W.Hinckley.... 

E. Grimes 

M. Fernandez 

Hensley 

Reading 

W.Hinckley 

L. Galindo 

S. Smith 

J. M. S.Maria... 
M. E. Mcintosh.. 
D. Garcia 

F. Hoen 

J. Allig 

J. Yuvain 



50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 

50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
lOOx 
50 



50 



100 

50 

50 

50 

50 

50 

50 

50 

50 

50 
100x50 

50 

50 

50 



Description, etc. 



Yerba Buena 



No. 138 
No. 17 
No. 7 
No. 136 
No.. 83 
No. 104 
No. 84 
No. 37 
No. 58 
No. 134 
No. 59 

No. 174 
No. 66 
No. 161 
No. 44 
No. 86 
No. 25 
No. 
No. 61 
No. 
No. 74 
No. 
No. 5 



In San Francisco 
No. In Yerba Buena. 

Nos. 183, 184 " 

No. 22 " 
No. 189 
No. 27 

No. 140 " 
No. 195 

No. 191 " 

No. 8 " 

No. " 

No. 190 " 

No. 52 " 

No. 6 " 

No. 196 " 

No. 273 " 

No. 62 « 

No. 63 " 
No. 60 



ADDENDA, NO. LXXIX. 115 



No. LXXIX. 

COLONIAL GOVERNORS OF CALIFORNIA. 

From the First Spanish Governor on Record to 1849. 
1. Spanish Governors. — 1767-1822. 

1 . Gasper de Portala from 1767 to 1771 

2. Felipe Barri from 1771 to Dec. 1774 

3. Felipe de Neve from Dec. 1774 to Sept. 1782 

4. Pedro Fajes from Sept. 1782 to Sept. 1790 

5. Jose Antonio Romeu from Sept. 1790 to April, 1792 

6. Jose Joaquin de Arrillaga from April, 1792 to May, 1794 

7. Diego de Borica from May, 1794 to 1800 

8. Jose Joaquin de Arrillaga from 1800 to 1814 

9. Jose Arguello from 1814 to 1815 

10. Pablo Vincente de Sola from 1815 to Nov. 1822 

2. Mexican Governors.— 1822-1846. 

1. Pablo Vincente de Sola from Nov. 1822 to 1823 

2. Luis Arguello from 1823 to June, 1825 

3. Jose Maria de Echeandia from June, 1825 to Jan'y, 1831 

4. Manuel Victoria from Jan'y, 1831 to Jan'y, 1832 

5. Pio Pico from Jan'y, 1832 to Jan'y, 1833 

6. Jose Figueroa from Jan'y, 1833 to Aug. 1835 

7. Jose Castro from Aug. 1835 to Jan'y, 1836 

8. Nicolas Gutierrez from Jan'y, 1836 to May, 1836 

9. Mariano Chico from May, 1836 to 1836 

10. Nicolas Gutierrez from 1836 to 1836 

11. Juan B. Alvarado from 1836 to Dec. 1842 

12. Manuel Micheltorena from Dec. 1842 to Feb. 1845 

13. Pio Pico from Feb. 1845Jx> July, 1846 

3. American Military Governors. — 1846-1849. 

1. Commodore John D. Sloat hoisted the American flag at Monterey, July 
7th, 1846, and, by proclamation, took formal possession of California in the name 
of the United States Government. 

2. Commodore Robert F. Stockton. — Proclamation dated at Los Angeles, 
August 17th, 1846. 

3. Colonel John C. Fremont. — Appointed by Commodore Stockton Jan- 
uary, 1847. 

4. General Stephen W. Kearney. — Proclamation dated at Monterey, 
March 1st, 1847. 

5. Colonel Richard B. Mason. — Proclamation dated at Monterey, May 
31st, 1847. 

6. General Bennet Riley. — Became Military Governor April 13th, 1849. 

The Treaty ceding California and New Mexico to the United States was dated 
at the City of Guadalupe Hidalgo, February 2d, 1848; exchanged at Queretaro, 
May 30th, 1848; ratified by the President, March 16th, 1848; and proclaimed by 
the 'President, July 4th, 1848. The State Constitution adopted November, 1849; 
went into effect December 15th, 1849. 

9* 



116 ADDENDA, NO. LXXX. 



No. LXXX. 

TRANSLATION OF EXHIBIT X P L, TO DEPOSITION OF M. G. VALLEJO, IN THE CASE. 

THE "ZAMORANO DOCUMENT," PURPORTING TO ESTABLISH 
THE BOUNDARIES OF THE PUEBLO OF SAN FRANCISCO, 
NOVEMBER 4th, 1834. 

Political Government of Upper California — General Comandancia of Upper 

California. 

This government, satisfied of the zeal and activity which characterize you, as 
well as the patriotism which animates you, sees in your note of the 24th of 
October ultimo, a new proof of your desire for progress, and of your untiring 
efforts for the enlightenment of your country and of your fellow-citizens. 

In consideration of this, it takes pleasure in making known, to you that, with 
the consent of the Most Excellent Territorial Deputation, it has adopted entire 
the plan you have presented in your note referred to, with respect to the pueblo 
of San Francisco, declaring its boundary to be the same which you describe in 
said note ; that is, commencing from the little cove (calita) to the east of the 
fort, following the line drawn by you to the beach, leaving to the north the 
casamata and fortress ; thence following the shore of said beach to Point Lobos 
on its southern part ; thence following a right line to the summit of " El Di- 
visidero" continuing said line towards the east to " La Punta del Rincon," 
including the " Canutales" and " El Gentil ;" said line will terminate in the Bay 
of the Mission of Dolores, the estuary (estero) of which will form a natural 
boundary between the municipal jurisdiction of that pueblo and the said Mis- 
sion of Dolores. 

This government, as proof of the confidence with which your services inspire 
it, has directed that you should be the person to have the honor of installing 
the first ayuntamiento in that pueblo of San Francisco, for which you have 
already done so much. 

In consequence, you will proceed, in the time and manner prescribed by law, 
to the election of the municipal authorities, in order that they may be installed 
the first day of January of the coming year, 1835, designating for town houses 
the buildings which you deem most St. God and Liberty. 

JOSE FIGUEROA. 

Monterey, November 4th, 1834. 
Don Mariano G. Vallejo, 

Military Comandante of San Francisco. 

ZAMORANO. 



The above-described line, commonly called the " Vallejo Line," was adopted 
by the United States Board of Land Commissioners for California as the south- 
ern boundary of the Pueblo of San Francisco, upon the testimony as it then 
stood in the case. It was called the Vallejo Line, because it was sustained 
principally by the testimony of General Mariano G. Vallejo, who testified 
that while he was Comandante of the Presidio of San Francisco he caused this 
line to be defined by order of the Governor, and that after the line was 
marked out by him it was confirmed by the above qficio of the Governor, 
which was produced in evidence, attested by Zamorano, the Secretary of State, 
and thence called the " Zamorano Document." This line may be sufficiently 
indicated for general purposes as being a straight line drawn from Rincon Point, 
in the Bay of San Francisco, to Point Lobos, on the Pacific ; but, more accu- 
rately, as a right line drawn from Steamboat Point, on the south side of Rin- 



ADDENDA, NO. LXXX. 117 

con Point, to the Devisidero, the high hill almost due south of the Presidio, and 
just above the ojo de agua or spring at the head of the valley there, and thence 
running in a right line at an exceedingly obtuse angle to the south side of Point 
Lobos. 

That this document is spurious, is well established and conceded by both the 
claimant and the United States. The statement of the Governor, in his mes- 
sage of February 16th, 1840, that " none of the Pueblos except Monterey had 
" had its common and landed property marked out," is alone decisive of the 
question. (See Addenda, L, page 70.) Also many of the other official documents 
introduced in evidence in the case, show conclusively that the lands of the Pueblo 
had never been assigned or marked out. Thus Guerrero, who had been Justice 
of the Peace of San Francisco, and was at the time Sub-Prefect, in petitioning 
for lands on May 13th, 1846, states distinctly that the Pueblo lands had not 
yet been designated : " dejando en salvo hasta los ejidos de la " poblacion de 
Yerba Buena aun que no estan nombrados" Addenda, LXYI. This declaration 
made not two months before the Anglo-American conquest, by an expert, who 
declares against his own interest that the Pueblo lands have never been assigned, 
and asks for a grant without prejudice to the Pueblo, seems to leave no room 
for further argument. Even the testimony of Flores, to the effect that subse- 
quent to November, 1834, he repeatedly proposed a Pueblo line on the south, 
far enough to include four square leagues, — and which so far forth is sustained 
by genuine and authentic espedientes, — shows that at those times the Yallejo 
Line did not exist as the proprietary line of the Pueblo ; while Flores's testi- 
mony that his proposed line was accepted, must be frankly conceded is not sup- 
ported by any official document, and is to be regarded as the misrecollection of 
an impaired memory. But that the Yallejo Line existed and was established 
for some purpose, seems hardly to admit of a doubt. This same Francisco 
Guerrero, who was not called as a witness because he died at an early stage in 
the case, declared to J. K. Eose and F. P. Tracy, Esquires, who were called as 
witnesses to that fact, that he was present assisting Gen. Yallejo when the line 
was marked out ; and, making reasonable allowances for inaccuracy of recollec- 
tion, and some confusion or ignorance of localities on the part of the witnesses, 
Guerrero's account of the line established may be taken as identical with that 
of Gen. Yallejo. For what purpose, then, was the line established ? Doubt- 
less as a division line to keep the grazing grounds used by the cattle of the 
Mission of Dolores separate from those used by the Pueblo of San Francisco. 
In 1834 that Mission had an aggregate of 10,000 horses, mules, horned cattle, 
sheep, goats, and hogs. (See Addenda, No. LXYII, p. 97.) Although its main 
pastures were at San Pedro, — see 1 115 of the argument, — yet for their conven- 
ience and necessities the Missionaries desired to appropriate all the available 
pasturage in the immediate vicinity of the Mission, of which there was consid- 
erable, as well as to secure the exclusive enjoyment of the stream of fresh 
water issuing from the mountains near that point. Such demands were by no 
means new or extraordinary on the part of the Missionary Priests. When the 
Pueblo of San Jose" was founded, Father Junipero Serra insisted that the 
boundary of the Pueblo approached too nearly the Mission of Santa Clara. 
The Governor would not listen to his complaint, nor even record his protest, 
which he demanded as a right. But Father Junipero, with the perseverance 
and policy of his order, carried the matter to the Yice Roy, where his claim 
was supported by the Franciscan College of San Fernando, at Mexico, and it 
seems to have succeeded, for the boundary was changed. So one Mariano Cas- 
tro received a grant of a place called La Brea, — or at least a permission to 
occupy it, — which the Priests of the Mission of San Juan Bautista objected to 
as being too near their Mission, and the result was, that although his grant or 
license came from the Yice Roy himself, Castro was ousted, and compelled to 
content himself with another place. 



118 ADDENDA, NO. LXXX. 

Assuming, then, that this division was made for the purpose of separating 
the flocks of the Mission from those of the Pueblo, it must be conceded to have 
been a fair one. While the Missionaries gained all they needed in the plateau 
about the Mission, and the broad lands of the Salinas and Visitacion at the 
south, the Pueblo was assigned the Valley of the Caiiutales, the vales and 
hills between them and the Presidio ; the broad northern slope of pasturage 
between Yerba Buena and the Presidio ; the springs near the Presidio ; and 
the basin of Mountain Lake, as well as the perpetual stream of Lobos Creek. 

Yet, admitting this line was marked out for this purpose only, how can this 
be reconciled with the testimony of Gen. Yallejo, to the effect that it was made 
as a permanent proprietary boundary of the Pueblo lands ? To answer this, it 
will be necessary to examine Gen. Vallejo's testimony carefully. He testifies, 
in effect, that he remembers marking out this line by order of the Governor ; 
that he received an ojicio confirming it ; that just before the American conquest 
his papers became scattered ; that he was applied to for this ojicio, and instead 
of searching for it himself, permitted others to do so, who produced this Zamo- 
rano Document from his papers ; and that he recognizes it as the original docu- 
ment which he received on that occasion. This leaves open an ample opportu- 
nity for the substitution of a spurious document instead of the original, and for 
the perpetration of a fraud upon Gen. Yallejo as well as upon the Court. Sup- 
pose the original had been fuund by those searching for it, and had proved to 
fix a merely temporary line, dividing the flocks of the Alission from those of the 
Pueblo. Starting with this fact, and also with the other historical facts : that 
on January 1st, 1835, Gen. Yallejo did actually institute an Ayuntamiento at 
San Francisco, and was at that time relieved of his civil functions, how easy for 
an accomplished and ingenious forger to substitute a spurious for the authentic 
document, giving it such an appearance of truth as to confuse the memory and 
deceive the judgment of Gen. Yallejo himself? This I conceive to be the true 
solution. Compare the " Zamorano Document," above cited, with Addenda 
Nos. XYI and XXI, the dates and contents respectively. 

I embrace this occasion to protest in the most emphatic manner against a 
canon introduced into our Courts in California in the investigation of land 
cases, by which the value of parol testimony has not unfrequently been tested. 
The phrase " professional witnesses " is sufficiently suggestive, thoroughly de- 
scriptive, and amply warranted by the existence of a class of miscreants who 
have brought the appliances of subornation, perjury and forgery into frequent 
contact with the administration of justice, — and yet more frequently, I am per- 
suaded, to defeat just titles than to sustain fraudulent ones. But it will proba- 
bly be heard with astonishment, outside of California, that native Californians 
who held offices of trust at or near the close of the Hispano-Mexican dominion, 
have been classed as " professional witnesses," merely from the fact that they had 
been examined repeatedly in California land cases. In " Land Commission 
Exhibit M," in the Limantour cases, is a tabular list of cases in the Land 
Commission in which certain persons have given their testimony ; and in the 
summary prefixed to it, it is stated that William A. Richardson has testified in 
48 cases ; Manuel Castro in 43, and Mariano G. Yallejo in 35. Richardson 
was for a long time captain of the port of San Francisco ; had married into 
a Californian family of numerous ramifications ; owned a large ranch at Sauce- 
lito ; and, as a skipper, coasted for years around the Bay of San Francisco and 
its adjoining waters, and the whole coast from the Golden Gate to San Diego. 
Castro was a long time in office ; was extensively related with the native Cali- 
fornios, and had travelled over the whole region from San Francisco to Los 
Angeles. Yallejo was one of the most prominent, intelligent, and best educated 
men in the country ; had visited every part of California ; was military Com- 
andante of the Presidio of San Francisco for a long time, and still longer of 
the Frontier of the North ; was for many years the military chief, civil magis- 



ADDENDA, NO. LXXXI. 119 

trate, and highest judicial functionary of more than one-fourth of the Depart- 
ment. These persons, therefore, had larger opportunities of knowledge in rela- 
tion to grants and occupation of lands in and about San Francisco than almost 
any or all other persons, and thus nolentes volentes were necessary witnesses in a 
large number of cases ; and yet it is gravely asserted, in effect, that when they 
had respectively testified a certain number of times in land cases, they became 
ipso facto professional witnesses, and unworthy of belief. I do not propose to 
assume the vindication of either or all these gentlemen, but I do not hesitate to 
pronounce the above asserted test of the credit of witnesses to be as absurd as 
it is unjust. 



No. LXXXI. 

A PETITION OF THE CITY OF SAN FRANCISCO FILED IN THE 
UNITED STATES LAND COMMISSION FOE CALIFORNIA, FOR 
THE CONFIRMATION TO IT OF FOUR LEAGUES OF PUEBLO 
LAND. FILED JULY 2d, 1852. 

To the Honorable the Board of Commissioners to ascertain and settle Private Land 
Claims in the State of California : 

The petition of the City of San Francisco, a municipal corporation of the said 
State of California respectfully shows : 

That the said city claims a tract or parcel of land situate in the County of San 
Francisco and State aforesaid, and being so much of the peninsula wherein the 
said city is located as will contain an area equal to four leagues square, said par- 
cel or tract being bounded on the north and east by the waters of the Bay of San 
Francisco, on the west by the Pacific Ocean, and on the south by a due east and 
west line, including the area aforesaid. 

In pursuance of the laws, usages, and customs of the Government of Mexico, 
and an Act of the Departmental Legislature of California, of November 9th, 1833, 
and proceedings in pursuance thereof, the Pueblo of San Francisco was erected 
and constituted a municipal corporation, with a municipal government, and with 
all the rights, properties, and privileges of Pueblos under the then existing laws 
during the said year 1833, and there was then and there by the Supreme Govern- 
ment of Mexico in the manner by law prescribed, ceded, and granted to the said 
Pueblo for town land and for common land all and singular the premises herein 
first described. The said Pueblo continued and was the proprietor of all and 
singular the said premises (except so much thereof as has been granted by the 
authorities of said Pueblo in pursuance of law), and the said Pueblo continued its 
existence as such municipality and proprietor until after the accession of the Gov- 
ernment of the United States, July 7th, 1846, and until by an Act of the Legisla- 
ture of the State of California, entitled "An Act to Incorporate the City of San 
Francisco," the inhabitants and property of said Pueblo are incorporated into a city 
which city is now here exhibiting her claim, to the premises aforesaid. The said 
Act of the Legislature of the State of California is prayed to be taken and read as 
a part of this petition. The same act was modified and changed by an Act of the 
same Legislature passed a.d. 1851, which is also asked to be taken and read as 
a part of this petition. 



120 ADDENDA, NO. LXXXI. 

On the seventh of July, 1846, the then Pueblo, now City of San Francisco, was 
a town of the population of about one thousand inhabitants ; and on the third of 
March, a.d. 1851, the population thereof amounted to about thirty thousand per- 
sons ; and that on said seventh of July and on said third of March the said Pueblo 
and city under and by virtue of the grant aforesaid, and under and by virtue of 
the laws, usages, and customs of the Government of Mexico and California, all 
and singular the premises aforesaid (except as aforesaid) were part and parcel of 
the lands and premises of said Pueblo and city. 

There are several adverse claims to the one herein set forth. 

One Don de Jesus Noe', claims one square league, part of said premises, as 
particularly appears in his petition therefor now before your Board, numbered 
17 on the docket of claims. That Carman Sibrian de Bernal and Jose Cornclio 
Bernal claim one square league, part of said premises, which claim is more partic- 
ularly exhibited in their petition therefor before your Board, numbered 30 on the 
docket of claims. That Jacob S. Leese and Salvador Vallejo claim two hundred 
varas sqare, part of said premises, which claim is particularly exhibited in their 
petition therefor before your Board, numbered 74 on the docket of claims. 

That James B. Bolton claims three square leagues (with exceptions), part of 
said premises, which claim particularly appears in his petition before your honor- 
able Board, and numbered 81 according to the docket of claims. That Josefa de 
Haro and others claim the " Potrero de San Francisco," being one-half square 
league part of said premises, the particulars whereof appear in their claim before 
your Board, numbering 101 in the docket of claims. 

That John F. Schulthcss and others claim thirty-seven fifty-vara lots, part of 
said premises, particularly described in his petition on file with your Board, and 
numbered 171 according to docket of claims. That the said John F. Schulthess 
also claims forty-seven other fifty-vara lots, part of said premises, particularly 
described in his petition before your Board and numbered 182 of claims. 

That Josefa de Haro and others claim premises known as the "Laguna de la 
Merced," one league long and one-half league wide, and particularly described in 
their petition before your Board, numbering 102 of claims, and which is also part 
of premises herein first described. 

That one Thomas 0. Larkin claims a tract of land, parcel of said premises, and 
including a portion of the incorporated limits of the city of San Francisco to the 
west and running thence westerly along the waters of the Bay to the Pacific Ocean, 
including the site of the Presidio ; the quantity or particular description of his 
claim this claimant is unable to state. That Charles V. Stuart and Isaac N. 
Thorn, claim a portion of said premises known as Ridley's Ranch under a grant to 
Jacob P. Leese, of one league and one-half situate contiguous to and north of the 
Sanchez Ranch, but a particular description thereof cannot be given by claimant. 

The claimant represents to your Honorable Board that all and singular the 
foregoing adverse claims are insufficient and void. That all of them were made 
subsequent to the establishment of the Pueblo of San Francisco, and that the 
grants therefor were in derogation of the lawful claim and right of the said 
Pueblo. 

That some of them were made after the authority of the Government of Mexico 
in the Department of California had been superseded by the authority of the Gov- 
ernment of the United States, that such is the fact particularly in the case of the 
land claimed by James R. Bolton, as aforesaid, and in the case of the lands claimed 



ADDENDA, NO. LXXXIL 121 

by Thomas O. Larkin, as aforesaid, and also in the case of the land claimed as 
aforesaid by John F. Schulthess and others, and by John F. Schulthess. 

That all of said claims are based upon grants made without authority of law 
and in direct violation of the laws and regulations of the Government of Mexico 
in force in California. 

The said City of San Francisco now insists that by the treaty of Guadalupe 
Hidalgo, the laws of Nations, and the laws, usage and custom of the Government 
of Mexico in force in California, as also by force of the Act of the Legislature of 
said State incorperating the said city, and the Act of Congress of the United 
States, entitled "An Act to settle the Private Land Claims in the State of Califor- 
nia/' approved March 3d, 1851, the said city has good and lawful claim to all and 
singular of the premises aforesaid, and said city relies upon the said laws, usages, 
and customs, and proceedings in pursuance thereof, upon the order made for the 
establishment of the Pueblo of San Francisco, the record and other evidences of 
its existence, continuance and extent, the grant to said Pueblo as aforesaid, and 
upon such other evidence as may be adduced touching the premises, upon a full 
exhibition and consideration of all which premises it is prayed that such claim be 
confirmed. 

J. A. McDOUGALL, 

For the City of San Francisco. 



No. LXXXIL 

UNITED STATES LAND COMMISSION FOR CALIFORNIA. 

CLAIM FOR FOUR LEAGUES OF PUEBLO LANDS. 

Opinion of the Majority of the Board Confirming the Claim to Pueblo Lands. 
THE CITY OF SAN FRANCISCO 



versus >No. 280. 

THE UNITED STATES. 

This claim is presented by the municipal corporation known as the City of 
San Francisco, for the tract or parcel of land situate in the County of San Fran- 
cisco, State of California, embracing so much of the peninsula whereon the said 
city is situated as will contain an area equal to four leagues square, as described in 
the petition. 

The petitioner alleges that in pursuance of the laws, usages, and customs of 
the Government of Mexico, and an Act of the Departmental Legislature of Cali- 
fornia of the ninth of November, 1833, (1834) and proceedings in pursuance /i 
thereof, the Pueblo of San Francisco was duly created and constituted a munici- 
pal corporation, with a municipal Government, and with all the rights, properties, 
and privileges of Pueblos under the then existing laws, during the said year 1833, 
(1834;) and that there was then and there, by the Supreme Government of 
Mexico in the manner by law prescribed, ceded and granted to the said Pueblo for 
town lands and for common lands, all and singular the premises described in their 
said petition. 

That the said Pueblo was the proprietor of all said lands, except so much as 



122 ADDENDA, NO. LXXXII. 

had been granted by the authorities thereof in pursuance of law — and the said 
Pueblo continued its existence as such municipality and proprietor until and after 
the accession of the United States Government, July 7, 1846, and until by an Act 
of the Legislature of the State of California, entitled an Act to Incorporate the 
City of San Francisco, the inhabitants and property of said Pueblo were incor- 
porated into a city, which city now exhibits her claim to the premises aforesaid. 
The said Act of Incorporation, and the Act amendatory of the same being made 
part of said petition. 

The petition then goes on to enumerate certain adverse claims within the 
limits of the premises petitioned for, which said claims are alleged to be illegal 
and void, and concludes with an averment, that by the treaty of Guadalupe 
Hidalgo — the law of nations — the laws, usages, and customs of the Mexican Gov- 
ernment in California — as also by the said Act of Incorporation, and the Act of 
the Congress of the United States entitled " An Act to Settle Private Land Claims 
in California," approved March 3d, 1851, the said city has a good and lawful 
claim to all and singular the premises aforesaid. Wherefore she prays a confirma- 
tion of the same, etc. 

As a preliminary inquiry to the examination of the merits of this claim, it 
may be proper to consider, in the first place, the true construction of the Act of the 
third of March, 1851, in reference to the presentation of claims of this character. 

The authority of the Commission to take cognizance of claims to lands in 
California is derived from the eighth and fourteenth sections of the Act. The 
eighth section provides that each and every person claiming lands in California, 
by virtue of any right or title derived from the Mexican or Spanish Government, 
shall present the same to the Commissioners when sitting as a Board, etc. This 
section, if it stood alone and without qualification, would embrace all persons, 
whether natural or artificial, including bodies politic or corporations as well as 
individuals. But the fourteenth section was clearly intended to exclude from the 
general provisions of the eighth section, lots and lands held under grants from any 
corporation or town to which lands had been granted for the establisliment of a 
town by the Mexican or Spanish Government, as well as the lots and lands held 
or claimed by any city, town, or village, which was in existence on the seventh 
day of July, 1846 ; and provides that the claims for the same shall be presented 
by the corporate authorities of such city, town, or village. This enactment was 
evidently predicated upon the action of Congress in reference to the rights of the 
towns in the Territory of Louisiana to the lands within their limits, as exemplified 
in the Act of the thirteenth of June, 1812. In that case, Congress by one general 
Act released and confirmed to the inhabitants of the towns enumerated, all the 
lands which had been held and cultivated by them according to their several rights 
or rights in common, thereby clearly intending that where the right of the town 
had been transferred to an individual, such confirmation should inure to his bene- 
fit, and where the land was still held in community, it should remain for the com- 
mon benefit of all the inhabitants of the town. Reasoning from the analogy 
presented by this case, it is a legitimate inference, fully sustained by the language 
of the section itself, to assume that it was the intention of Congress in the four- 
teenth section, to provide a mode by which the claims to lots and lands held in 
severalty by individuals under grants from the town, as well as those claimed as 
the common property of the inhabitants, might be presented in one general claim 
for the benefit of each and all, thus avoiding the necessity of encumbering the 



ADDENDA, NO. LXXXIL 123 

docket of the Commission with a multiplicity of individual claims, all held under 
one common right or title. 

The fourteenth section, so far as it is applicable to the point under considera- 
tion, reads as follows : " Be it further enacted, That the provisions of this Act 
shall not extend to any town lot, farm lot, or pasture lot, held under a grant from 
any corporation or town, to which lands may have been granted for the establish- 
ment of a town, by the Spanish or Mexican Government, or the lawful authorities 
thereof : nor to any city, town, or village lot, which city, town, or village existed 
on the seventh day of July, 1846 ; but the claim for the same shall be presented 
by the corporate authorities of the said town/' etc. 

The declaration with which the section commences, to wit : that the provi- 
sions of the Act shall not extend, etc., was clearly intended to apply only to the 
eighth section, and to prescribe a mode of presenting the claim described in the 
fourteenth section, different from that provided for the claims generally in the 
eighth. It should, therefore, read, that the provisions of the eighth section of 
this Act shall not extend, etc. To adopt any other construction, would either 
exclude this class of claims altogether from the jurisdiction of the Commission, 
or involve the absurdity of making Congress declare that the provision of the 
Act should not extend to them, thus taking them out of the cognizance of the 
Board, and in the same section prescribing a mode by which they shall be pre- 
sented for its consideration and decision. This incongruity, according to every 
rule of construction laid down in the books, should be avoided, and such an inter- 
pretation given to the whole law, if it can be fairly done, as will reconcile its 
inconsistencies, and carry out its true intent and meaning. (2 Cranch, 358 ; 14 
Peters, 178 ; 3 Howard, 1.) This can only be done by adopting the construction 
given above, and we therefore think that the Commission derives its jurisdiction 
over this class of cases from the fourteenth section alone, and that the claim is 
properly presented under its provisions by the corporate authorities of the City of 
San Francisco. 

In the examination of the merits of this claim, three leading points or propo- 
sitions present themselves for our consideration : 

First — Was there an organized municipal corporation or town existing on the 
present site of the City of San Francisco on the seventh day of July, 1846 % 

Second — What was the character and extent of the rights of Pueblos or towns 
in lands assigned for their use and benefit, under the laws of Spain and Mexico ? 

Third — What is the effect and extent of the presumption in favor of the 
rights of such Pueblos or towns to lands, created by the fourteenth section of the 
Act of the third of March, 1861, for the settlement of land claims in California ? 

In discussing the first proposition, we shall consider it principally with refer" 
ence to the acts of the public authorities, as shown in the official documents which 
have been filed in the case, and their legal effect, as explained by the laws on 
which they are founded, rather than the vague recollections of witnesses as to what 
was or was not done some fifteen or twenty years ago. 

Before proceeding to the examination of the nature and effect of those acts 
and documents, it may be proper to recur very briefly to the character of the polit" 
ical and civil organization as originally established in Upper California. 

The first settlements in the country were made by a small body of Franciscan 
Friars, accompanied by a few soldiers and settlers, in the years 1769 and 1770; 
the first, under the command of Fernando de Rivera, at San Diego ; and the 



124 ADDENDA, NO. LXXXIL 

second at Monterey, under Gaspar de Portala, who was constituted the Governor 
of the newly-formed province. Missions were established by the Friars in the 
vicinity of these ports, and in less than ten years these establishments had been 
increased to the number of eight, extending from San Francisco on the North to 
San Diego on the South. The Missionary establishments were situated in the 
neighborhood of the best harbors on the coast, but some distance inland, and were 
under the direction and control of the Franciscan Friars, who devoted themselves 
to the Christianizing and civilization of the Indians, and their instruction in the 
various arts of civilized life. The Presidios, or military posts, were located imme- 
diately contiguous to the harbors or ports, and were intended to afford protection 
to the Missionary establishments from the attacks of the savage Indians. All the 
civil functions of government were exercised by the commanding officers of the 
Presidios, in subordination to the Comandante of Monterey, who usually filled 
the office of Governor of the Province. 

The purpose intended to be effected by this system was the ultimate erection 
of the several Missionary establishments into Pueblos or communities, to be com- 
posed of the Christianized Indians, as soon as they should become sufficiently 
civilized and instructed in the arts of social life, at which time it was proposed to 
substitute a regular municipal organization for the ecclesiastical system to which 
they were subjected during their period of pupilage. (See Figueroa's Manifests, 
p. 41.) In the meantime, it was supposed that the Presidios would form the 
nuclei of other communities, from the settlements around them of the retired sol- 
diers and their families, and accessions from the immigration of other settlers of 
the white race ; and from their location at the principal seaports of the country, 
that they would in process of time become important commercial towns and cities. 

In accordance with this idea, we find the earliest instructions relating to the 
settlement of California, issued by Don Antonio Bucareli y Urusu, August 17, 
1773, conferring upon the Commandants the power to designate common lands, 
and to distribute lands in private property to such Indians as by their industry and 
devotion to agriculture and the breeding of cattle might merit the same. They 
were likewise empowered to distribute lands in the same manner to other settlers, 
clearly meaning those of the white race as contradistinguished from the Indians, 
but in both cases the grantees were required to live in the towns and not dispersed. 

This condition of residence in the towns evidently has reference to the munic- 
ipal system which seems to have prevailed in Spain from the earliest period of her 
history, and which constituted the basis of all her laws and regulations for the 
formation of settlements in her American possessions. This system was in full 
operation in Mexico when her separation from the mother country occurred ; and 
although there appears to have been a strong tendency on the part of the inhab- 
itants of California to depart from it, and to live dispersed on their ranchos, still 
all the laws, orders, and decrees of the Government, having any bearing on the 
subject, appear to be made with reference to that peculiar organization, and even 
as late as the organic law of 1837, we find a provision requiring the inhabitants to 
live in the towns. This idea should be kept prominently in view in order to 
understand the true meaning and effect of the laws and regulations, and the acts 
of the authorities performed in conformity therewith, which will come under ou 
consideration in the course of this examination, as it will tend to remove much of 
the obscurity and apparent inconsistency which they present to us, accustomed as 
we are to a system so entirely different. 



ADDENDA, NO. LXXXII. 125 

According to this view of the subject, it would seem that the Missions and Pre- 
sidios constituted from their first inception quasi Pueblos, the former under the 
charge and superintendence of the Missionary Priests, and the latter under that of 
their respective Commandants, who, in addition to the military authority, exer- 
cised all the functions of civil magistrates in the Presidios and the adjoining dis- 
tricts. This state of things continued in the Missions and in all the Presidios, 
except that of Monterey, which had been previously erected into a Pueblo, with a 
municipal Government, until the year 1834, when Governor Figueroa, conjointly 
with the territorial deputation, adopted and promulgated a plan of " Propios and 
Arbitrios " for the Ayuntamientos iu Upper California. About the same time 
steps were taken for the secularization of the Missions, and their erection into 
Pueblos, under the law of the Mexican Congress of the seventeenth of August, 
1833 ; and the Presidios of Santa Barbara, San Diego, and San Francisco were 
relieved from the civil jurisdiction of the Military Commandants, and a municipal 
organization, consisting of an Alcalde, Regidores, and Procurador Sindico, con- 
stituting the Ayuntamiento or Council, substituted in its stead. 

The question here arises, whether this organization constituted the former Pre- 
sidio of San Francisco a town or village within the meaning of the fourteenth sec- 
tion of the Act of Congress of the third of March, 1851. 

The Spanish word " Pueblo " means, in its original signification, the people or 
population generally ; it also means the inhabitants of a particular place, but in its 
more restricted signification it means a town or village, or any collection of per- 
sons residing in the same place, and corresponds to our general term " town," as 
applied to similar collections of houses and people, whether of greater or less 
extent. This last is the sense in which the word is used in the various laws and 
official documents to which reference will be made in the course of this examina- 
tion. 

Owing to the state of confusion and disorder consequent upon the conquest of 
the country by the Americans, mueh of the official documentary evidence in rela- 
tion to the civil organization which superseded that of the military commandants 
of the Presidio, has been lost or destroyed, and the authenticity of a portion of 
that introduced has been called in question by the counsel representing the Gov- 
ernment. The following documents, however, whose authenticity is unques- 
tioned, have been introduced in evidence : 

First. — A traced copy of a portion of the official records of the Territorial Dep- 
utation, duly certified from the archives of the Mexican Government in California, 
now in custody of the United States Surveyor General, from which it appears, 
that at an extraordinary session of that body, held on the third day of November, 
1833, the following propositions were adopted: "1st. That the Political Chief 
direct the District (Partido) of San Francisco to proceed to the election of a Con- 
stitutional Ayuntamiento, to be established in the Presidio of that name, to be 
composed of one Alcalde, two Aldermen (Regidores), and one Town Attorney 
(Syndico Procurador), conforming for that purpose in all respects to the constitu- 
tion and the laws of the eighteenth (twelfth) of July, 1830. 2d. That report be 
made through the proper channel to the Supreme Government for an approval." 

Second. — A communication from the political chief Jose Figueroa, addressed to 
the Commandant of the Presidio of San Francisco, of which the following is a 
translation : 



126 ADDENDA, NO. LXXXIL 

" Seal of the Political Government of Upper California. 

" The most Excellent Territorial Deputation, using the powers conferred on it 
by the law of the twenty-third June, 18 L3, on yesterday passed the following in- 
struction :" 

[Here follow the resolutions of the Deputation as copied above.] 

" And I transcribe it to you for your information and compliance, recommend- 
ing that the election be carried into effect on the day appointed by said law of the 
twelfth of June. I also notify you that the Ayuntamiento, when installed, will 
exercise the political functions with which you have been charged, and the Alcalde 
the judicial functions, which the laws, for want of a Judge of Letters, confer upon 
him, you remaining restricted to the military command alone, and receiving in 
anticipation the thanks due for the prudence and exactness with which you have 
carried on the political government of that demarcation. God and Liberty, No- 
vember 4th, 1834." 

"JOSE FIGUEROA." 

" To the Military Commandant of San Francisco." 

Third. — A document marked No. 2, and annexed to the deposition of M. G. 
Vallejo, of which the following is a translation : 

" In the Presidio of San Francisco the seventh day of December, 1834, the mu- 
nicipality of this demarcation assembled in the house of the Comandancia, the 
corresponding order of convocation being previously given, for the purpose of 
holding the Primary Junta for voting for the electors, who are to meet in Second- 
ary Junta on the first following Sunday, for the purpose of electing the individuals 
who are to compose the Ayuntamiento for this comprehension, and who are to 
hold office for the coming year of 1835, in compliance with what is ordered by the 
Political Chief on the fourth of November of this year, in virtue of the resolution 
on the matter by the most Excellent Territorial Deputation, after the election of 
four Secretaries proceeded to the election of twelve electors, which number accord- 
ing to the assembled municipality was found to correspond to it, and having 
counted the votes from which these resulted by majority, citizen Ignacio Peralta 
with twenty-seven votes, Francisco Sanchez with twenty-three, Francisco Soto 
with twenty, Joaquin Castro with nineteen, Jose de la Cruz Sanchez with seven 
teen, Francisco de Haro with sixteen, Manuel Sanchez with fifteen, Antonio Cas- 
tro with twelve, Marcos Briones with nine, and Apolinario Miranda with nine, 
from which it resulted that the said gentlemen were elected, and they were notified 
of it, and the act being concluded, the President and Secretaries signed the present 
act." 

" Signed : FRANCISCO De HARO, 

FRANCISCO SANCHEZ, 
JOAQUIN CASTRO, 
JUAN MIRANDA." 

Fourth. — A similar document, marked No. 3, and annexed to the same deposi- 
tion, certifying the election of nine electors on the thirteenth of December, 1835, 
for the purpose of selecting an Alcalde, two Rejidores and a Sindico Procurador, 
for the year 1836. This document differs in no essential particular from the one 
above quoted, except that it is dated in the Pueblo of San Francisco, and certifies 
the election to have been held in the Plaza of said Pueblo, upon the call of the 



ADDENDA, NO. LXXXII. 127 

Constitutional Alcalde for the preceding year, and was presided over by that offi- 
cer. The certificate of the election for 1836 is not produced, but that for 1837 is 
introduced and proven as Exhibit No. 8 to the deposition of Vallejo, and is to the 
same effect with the one last mentioned. The proceedings of the Secondary 
Junta in the choice of the Ayuntamiento for the year 1838, are also filed as Ex- 
hibit No. 9 to said deposition, from which it appears that Francisco de Haro was 
duly elected Alcalde ; Domingo Saens, Second Rejidor, and Jose Eodrigues, Sin- 
dico. It appears from the evidence of M. G. Vallejo and Francisco Sanchez, that 
the Ayuntamiento was for the first time duly organized and installed on the first 
day of January, 1835, in the Presidio, and elections regularly held for their suc- 
cessors in the months of December thereafter until the year 1838, after which they 
were superseded by the new organization established by the Constitution of 1836> 
and the Organic Law of March, 1837, by which the functions of that body de" 
volved on the Justices of the Peace, appointed by the Governor. It appears also 
from the same testimony, that the elections were all held at the Presidio, and the 
Ayuntamiento resided at, and held its sessions at the same place until sometime in 
the year 1838, when the Governor, for the greater convenience of the members, 
authorized them to remove to the Mission of San Francisco, or, as it was more 
commonly called, Dolores. It is worthy of note that the certificate of the first 
election held in December, 1834, and prior to the organization of the Ayunta- 
miento, is dated at the Presidio of San Francisco, while each subsequent one is 
dated in the Pueblo of the same name, or San Francisco de Asis ; and all the ear- 
lier communications from the Governor to the Alcaldes were addressed in the 
same way, or to the Alcalde of Yerba Buena, but evidently having reference to 
the same officer and the same civil organization. Some stress is laid by the 
Agents of the Government on this difference in the names which seem to have 
been indifferently applied to the organization we are considering, and an attempt 
is made in the evidence to show that San Francisco and San Francisco de Asis 
were different places, the former term being used to designate the Presidio, and the 
latter the Mission ; and hence it is argued that the establishment of the Pueblo, if 
one was established at all, was at the Mission. This view of the subject, how- 
ever, cannot, in our opinion, be sustained. It is evident from the whole testimony 
in the case, that both the Mission and Presidio were named after the same saint, 
Francisco, and that the additional words " de Asis " were equally applicable to 
both, being nothing more than the place in Italy in which the saint was born or 
resided, and were simply added to distinguish him from other saints of the same 
name — as, for instance, San Francisco Solano, after whom was called the Mission 
on the opposite side of the Bay, in the District of Sonoma. A number of official 
communications from the several Governors, from Governor Figueroa in 1835 to 
Governor Pico in 1846, all of which are addressed to the Alcalde of San Francisco, 
San Francisco de Asis, or Yerba Buena, have been introduced and proved in the 
case. These, according to the testimony of Mr. Halleck, constitute all that can 
now be found of the voluminous archives and records, which, according to the 
same testimony and the inventory delivered over by the retiring Alcalde in 1 846, 
were contained in the Alcalde's office a short time previous to, and for some time 
after, the conquest of the country. The others have either been lost or were de- 
stroyed in the numerous fires with which the city was visited during its brief 
career as an American town. In many of the communications above referred to, 
the existence of a Pueblo under the name of San Francisco and San Francisco de 



128 ADDENDA, NO. LXXXIL 

Asis is fully recognized otherwise than by the simple address to the Alcalde of the 
Pueblo of that name. The first of these, to which we shall refer, is an order from 
General Castro, dated Monterey, October 26th, 1835, and addressed to the Alcalde 
of San Francisco de Asis, setting out, " that the most excellent Territorial Depu- 
tation, in their session of the twenty-second of September, approved that the 
Ayuntamiento of that Pueblo should grant town lots, (solares) which do not ex- 
ceed one hundred varas, for the building of houses in the place named Yerba 
Buena, at the distance of two hundred varas from the sea-shore, paying to that 
Ayuntamiento the fees which may be designated to it as belonging to the propios 
and arbitrios, and being subject to observe the order for the formation of a town in 
lines for its better police, which I communicate to you, that you may make it 
known to the inhabitants of that Pueblo, in order that they may not apply with 
their memorials to this political government, as it is one of the favors which the 
Ayuntamiento may grant." 

By reference to the proceedings of the Territorial Deputation of the twenty- third 
of September, 1835, referred to in the foregoing, we find that the action of that 
body was predicated upon the petition of Jose Joaquin Estudillo to the Governor, 
praying for the privilege of erecting a house in the place called Yerba Buena, and 
also a grant of two hundred varas for cultivation. This petition was referred by 
the Governor to the Territorial Deputation, by whom it was referred to the Com- 
mission on Government, who reported as follows : 

" The Commission on Government ordered to give an opinion on the petition of 
the citizen Jose Joaquin Estudillo, a resident of the Town (Pueblo) of San Fran- 
cisco, wherein he solicits the privilege of building a house in Yerba Buena, and 
also requests two hundred varas square of land to cultivate. The Commission 
thinks that no obstacle would be in the way of making this grant, notwithstanding 
its topographical position, being immediate to the beach, on equal terms with other 
residents (vecinos) who are occupying lands, because they have not met with any 
reasons to prevent them the use of lands near the beach — and moreover, although 
it may be granted, it belongs to the propios of the Ayuntamiento of San Francisco, 
and it should be subject to the tax (canon) to which other lands of the propios, 
which have been granted, are subject. Wherefore, the Commission concludes 
with the following proposition : 

" ' There can be granted to the citizen Jose Joaquin Estudillo the lot for a house, 
without going beyond the quantity of varas set forth in Article 15 of the regulation 
of Colonization, and also the two hundred varas he solicits.' " 

On the twenty-second of September, 1835, the report and resolution of the Com- 
mittee was taken up for consideration, and the foregoing proposition was discussed 
and approved. Mr. Alvarado then moved that a general provision be made through 
an additional article, that the Ayuntamiento of San Francisco may grant building 
lots at a distance of two hundred varas from the sea shore, in order to encourage 
in this way the residents to form a village. The Committee then moved it, and 
proposed the following article, which was approved : 

" Additional Article. — That the Ayuntamiento of San Francisco may grant such 
building lots at a distance of two hundred varas from the sea shore, and allow 
other residents to settle there under the same restrictions, observing the regular 
order of a town in a line for its better police." This last resolution is clearly the 
authority under which the order of Governor Castro, of the twenty-sixth of Octo- 
ber, 1835, was issued, and is in fact substantially embodied in the order itself, 



ADDENDA, NO. LXXXII. 



129 



and taken in connection with the whole proceedings on the subject, has a most 
material bearing on the point under consideration. We remark first, that both the 
petition of Estudillo and the report of the Committee describe the petitioner as a 
vecino — translated "resident" — of the Pueblo (Town) of San Francisco. By 
reference to Escriche, we find the legal definition of the term vecino to be, " he who 
has established his residence in any Town (pueblo^), with intention to remain 
therein. This intention is reputed as proved by the course of ten years, or by 
other facts that show it ; as if one settle his property at a place and buys other at 
such place to which he removes his abode." — Law 2d, Tit. 24, Part 4 ; Law 6th, 
Tit. 4, Lib. 7, N. E. * * " The vecinos of each Town (pueblo) are subjected to 
the taxes and contributions of the same, chargeable upon them ; they enjoy the 
right of pasture and common, and other rights pertaining to them as such, to the 
exclusion of foreigners and non-residents." 

The same report, after deciding in favor of the particular grant, goes on to 
declare that the land belongs to the propios of the Ayuntamiento of San Francisco, 
and it should be subject to the same tax (canon) which is fixed as to others to 
whom lands of the propios are granted. By reference to " the plan of propios and 
arbitrios for the municipal lands of the Ayuntamientos of Upper California," 
adopted by the Territorial Deputation, and promulgated by Governor Figueroa 
August 6, 1834, we find the following provisions : 

" Article First. — The Ayuntamientos will proceed by the ordinary channels to 
solicit that to each Town (pueblo) be assigned land for egidos and propios. 

" Second. — The lands of the propios which may be assigned to each Town (pueblo) 
will be subdivided into middling and small sized lots, and may be leased, or given 
with the reservation of an annual tax, at public auction. The actual possessor or 
possessors of the lands of the propios will pay such annual ground rent as may be 
imposed upon them by the Ayuntamientos — the report of three honest and intel- 
ligent men being previously had. 

" Third. — For the concession of a building lot for the erection of a house, the 
interested party shall pay six dollars and two reals for each lot of one hundred 
varas square, and thus progressively or diminutively they shall pay two reals for 
each front vara." 

The tax or fee of six dollars and two reals, provided for in the Third Article of 
the above plan, is clearly that referred to in the order of Governor Castro and the 
report of the Committee as the cation or tax to which the individual was subject, 
to whom lands of the propios were granted for building lots. This is shown by 
the deposition of Leese and other testimony in the case, from which it appears that 
the above sum was required for the grant of a one hundred vara lot in Yerba 
Buena, and a reduction or addition of two reals for each front vara in diminution 
or excess of that quantity. 

In addition to these documents, a number of others have been filed in the case, 
all recognizing the existence of a Pueblo called San Francisco, embracing the pres- 
ent site of the City of the same name. For instance : 1st. The order of Governor 
Alvarado for the organization of the new "Exhibit No. 10, to the deposition of 
M. G. Vallejo," in which San Francisco is classed as a town with San Jose, Villa 
de Branciforte, North ; 2d. The order of Governor Micheltorena, of the fourteenth 
of November, 1843, marked "Exhibit No. 11" to said deposition, in which the 
classification occurs ; 3d. A communication from the same Governor, of March 
4th, 1844, marked "Exhibit No. 14," addressed to the Alcalde of San Francisco, 



130 ADDENDA, NO. LXXXIL 

containing an order to the Ensign, Don Juan Prado Mesa, directing him to report, 
with certain men under his command, to the Alcalde, to whom the communication 
was addressed, was styled indifferently the Alcalde of Ycrba Buena and of San 
Francisco, that the political organization over which he presided was known and 
styled officially by both names, and that the place called Yerba Buena was within 
his jurisdiction, and was in fact the seat of his Juzgado or Court. 

Fourth. — An inventory of the archives, and articles contained in the Alcalde's 
office, delivered over by the retiring Alcalde to his successor in office, dated at 
Yerba Buena, January 15th, 1846, from which it appears that at that date, being 
the last year of the Mexican dominion in California, the civil authority of the 
Pueblo was located at Ycrba Buena, and not at the Mission Dolores. 

Fifth. — A traced copy of a document from the archives containing the petition 
of a number of the inhabitants residing on the north side of the bay, but within 
the jurisdiction of the Port of San Francisco, praying to be attached to the "au- 
thority of the Pueblo of San Jose, being under the jurisdiction of the judicial officer 
who may be appointed by the Alcalde of the said San Jose', as the capital of the 
district," together with the proceedings of the Government, and the report of the 
Ayuntamicntos of the various Pueblos on the subject. 

This document shows that at the time the memorial bears date, there were two 
separate adjoining jurisdictions, having for their respective capitals the Pueblos of 
San Jose' and San Francisco, each of said towns being the seat of an Ayunta- 
miento — that of the latter being located as Pueblos or Towns exercising civil juris- 
diction over their adjoining demarcations or districts. San Jose was the first 
Pueblo in California, and was founded by express authority from the King of 
Spain. No doubt has ever existed as to the character of its organization, or that 
it was a Town with a municipal government. These proceedings recognize the 
organization of San Francisco as of precisely the same character, with the same 
power and faculties. If, therefore, San Jose was a Pueblo or Town, San Francisco 
must have been one also. 

There are other documents filed in the case to the same effect, but we do not 
think it necessary to refer to them more particularly, as those already cited are 
sufficient to present fairly the evidence relied on by the claimant to sustain this 
branch of the case. 

To this evidence it is objected on the part of the agents of the Government : 

First. — That it is not sufficient to show the establishment of a Pueblo or muni- 
cipal corporation for the Government of a Town under the laws of Spain and Mex- 
ico; and 

Second. — That if such a corporation was established, it was at the Mission of 
San Francisco or Dolores, and did not embrace the site of the present city. 

We will first consider the objections with reference to the constitution and laws 
bearing on the question, and the effect of the action of the territorial authorities as 
disclosed in the official documents filed in the case. 

The word " Ayuntamiento " is defined in the dictionary to mean, " A corpora- 
tion or body of magistrates of Cities and Towns, composed in Spain of a Coregidor, 
Alcalde, and Regidores — the first corresponding to Mayors, and the latter to Alder- 
men, in England." 

Escriche defines it to be " An Assembly or Junta, composed of the Justices or 
Alcalde, Regidores, and others charged with the administration, or the economico- 
political government of each Pueblo. It is sometimes called Cabildo, rejimiento, 



ADDENDA, NO. LXXXIL 131 

municipality, and municipal body." These definitions show, and it is in fact 
admitted in the argument, that the term Ayuntamiento, in its general and usual 
signification, meant a town council, or municipal body for the government of a 
town. It is, however, contended that the character of this organization was 
changed by the Spanish Constitution of 1812, and laws of the Cortes passed in 
pursuance thereof, by reason of which the Ayuntamiento was constituted a political 
body, as contra-distinguished from a municipal council, with a jurisdiction extend- 
ing over the surrounding district or Partido. 

To sustain this proposition, the following proofs and authorities are mainly 
relied on : 

First. — The resolution of the Territorial Deputation, and the order of the Gov- 
ernor Figueroa, communicating the same to the military commandant of the Pre- 
sidio, directing the election of an Ayuntamiento by the Partido of San Francisco, 
together with the fact (as appears from the testimony of Sanchez) that the electors 
who chose the Ayuntamiento were voted for by the inhabitants of the country on 
both sides of the bay, embracing a large extent of territory. 

Second. — That the law under which this organization was had, contemplated the 
constitution of a political government for a district, and not a municipal govern- 
ment for a Town. 

Third. — That the sessions of the Ayuntamiento were subsequently removed from 
the Presidio to the Mission Dolores, from which it is argued that the organization 
of the Ayuntamiento did not necessarily imply the establishment of a Pueblo ; and 

Fourth. — The testimony of Sanchez, Castro, Alvarado, and others, tending to 
show that no Pueblo ever existed on the present site of the City of San Francisco. 

We have given the constitution and laws, referred to as the basis of the action 
of the Territorial authorities in the establishment of Ayuntamientos, a most care- 
ful examination, and we are free to admit that there is much obscurity as to the 
nature and extent of the jurisdiction exercised by those bodies ; but we have been 
able to discover nothing in them which changed their original character as muni- 
cipal corporations charged with the economico-political government of Cities and 
Towns. On the contrary, all the provisions of the Constitution of 1812, and laws 
of the Cortes relating to them, and their duties and functions as prescribed in those 
laws, are of a strictly municipal character, and most of them could only have refer- 
ence to regularly organized Towns. In Article 309 of the Constitution, it is pro- 
vided that Ayuntamientos shall be established for the interior government of the 
Towns (Pueblos), composed of an Alcalde or Alcaldes, Kegidores, and the Procura- 
dor Sindico. 

Article 310 — Provides that Ayuntamientos shall be placed in Towns (Pueblos) 
where there are none. 

Art. 312 — That the Alcaldes, Kegidores, and Procurador Sindico shall be by 
election in the Pueblos. 

Art. 313 — That in the month of December of every year, the citizens of every 
Pueblo shall assemble and elect a certain number of electors, who shall reside in 
the same Pueblo. 

Art. 314 — Provides for the election of the Alcalde or Alcaldes, Kegidores, and 
Procurador Sindico, by said electors. 

Art. 319 — Provides, as a qualification of those officers, that they shall be citizens, 
twenty-five years of age, with at least five of vicinage and residence in the Pueblo, 
(con cinco a lomenos de vecinidady residencia en el Pueblo). 

9* 



132 ADDENDA, NO. LXXXIL 

Art. 321 — Prescribes the duties and functions of the Ayuntamiento, all of which 
are strictly municipal in their character, such as the administration of the propios 
o arbitrios ; the framing of municipal ordinances of the Pueblo, etc. 

The decree of the Spanish Cortes, of the twenty-third of June, 1813, in which 
the duties and powers of the Ayuntamiento are enumerated more in detail, is to the 
same effect, — all its provisions having reference to the economico-political govern- 
ment of the Towns (Pueblos), and many of them are applicable only to Towns 
with houses, streets, public squares, etc., as the term is usually received and under- 
stood in English. 

Chapter 2 of the decree last above cited, entitled, " Of the obligations and duties 
of the Territorial Deputations/' provides as follows : " Article 1. It being the duty 
of the Provisional Deputations to see to the establishment of Ayuntamientos in 
the Towns where there be none, in the manner prescribed by the three hundred 
and thirty-fifth Article of the Constitution, they shall take an exact account of the 
inhabitants in each Pueblo where an Ayuntamiento is to be established — so that 
if of itself, or with its comarca (district), it shall have a population of one thousand 
souls, one shall be established immediately ; or if the population do not amount to 
that number, but for other reasons of public utility, it should be necessary to estab- 
lish it, let the instructive espediente be formed, which makes them apparent. These 
proceedings and those which the Deputations may form, having previously obtained 
the necessary information from the coterminous Towns relative to the designation 
of limits (terminos), to the Town where the new Ayuntamiento is to be formed, 
will be remitted by the Political Chief, with the consent of the Deputation, to the 
Government. 

The decree of the Cortes of the twenty-third of May, 1812, entitled, " Of the for- 
mation of Constitutional Ayuntamientos," provides : 

Article 1 — That any Town which may have no Ayuntamiento, and where 
population may not amount to one thousand souls, but which, owing to its pecu- 
liar circumstances, such as the state of agriculture, industry, or the nature of the 
population itself, may consider that they ought to have an Ayuntamiento, may 
make a representation to the Deputation of the Province, that in virtue of the 
report the Government may provide as it may think fit. 

Art. 2 — The Towns in which these circumstances may not occur, will remain 
annexed to the Ayuntamiento to which they may have belonged up to this date, 
until their political condition may require change ; those which have been lately 
formed, and those which may have been so formed formerly, but which are now 
without the requisite population, attaching themselves to the nearest Ayuntamiento 
of their Province. 

Art. 3 — Provides for the abolition of the perpetual offices of Regidores and other 
officers of the Ayuntamiento, and prescribes the manner of choosing their succes- 
sors and their term of office. 

Arts. 4, 5 — Prescribe the number of these officers which shall be assigned to each 
Pueblo in proportion to its population. 

Art. 6 — Provides for the election of electors to choose the officers to compose 
the Ayuntamiento. 

Art. 7 — For the election of the Ayuntamiento by the electors so chosen. 

Art. 8 — Provides that, " To faciliate the appointment of electors, especially 
where the large population, and the division or distance of the Towns or Pueblos 
which must be joined to establish their Ayuntamiento may render it troublesome, 



ADDENDA, NO. LXXXII. 133 

there shall be held meetings of the Parishes/' etc., etc. The remainder of the 
Article, and Articles 9, 10, and 11, go on to prescribe the number of electors for 
each Parish, and the mode of proceeding in their election, etc. 

These laws prove very clearly that the Ayuntamiento exercised jurisdiction over 
a considerable extent of territory, in addition to its special authority as the muni- 
cipal government of the Town proper in which it was established ; and that such 
jurisdiction might even embrace other Towns (Pueblos), which had no Ayunta- 
miento of their own. But this fact does not by any means change their character 
as a municipal organization or Town council. 

An examination of the laws of Spain on this subject shows that such was com- 
mon to those bodies from their first institution under the Fuero de Leon, promul- 
gated by Alonzo the Vth, in the year 1050, and has in effect been continued to the 
present day. In elucidation of this subject, we quote from the elaborate brief of 
Mr. Hawes, filed in this case on the part of the Government, the following extract 
from a work entitled "Leyes Fundamentals de la Monarquia Espanola," by the 
R. P. Jfr. Maguin Ferrer : "As a result of the invasion of the Moors, the dominions 
of the King of Spain had been reduced to the mountains of Asturias. It was pro- 
posed to reconquer the country, and the chiefs of the people who had united with 
D. Pelayo continued in the meantime acquiring lands, and the King gave them 
the government and the property in the lands of certain Pueblos, while he himself 
remained owner of the lands of other districts (comarcas). By degrees, as this 
system, created by circumstance, acquired consistence — so that no one perceived 
that it had acquired the character of a system — the principle became firmly estab- 
lished that the King was to be considered in two characters, — the one as particular 
lord of the Pueblos and lands conquered, which continued as his own private pat- 
rimony, and in this respect he was on a footing of equality with the other lords in 
regard to their respective estates ; the other as universal lord (Senor) of the King- 
dom, or that which is the same thing, as the sovereign, and in his character he 
commanded the subordinate lords and governed the kingdom." "When the 
King gave lands to the lords (Senores), it was considered that he gave them not 
only the dominion and property in the fields (campos), the vineyards, the woods, 
the houses, etc., but that he gave them, likewise, the right of government and juris- 
diction over the persons who inhabited the lands, — so that the particular lords were 
the proprietary governors and judges of their respective dominions, administering 
them conformably to the general laws of the kingdom." " Thus passed three cen- 
turies, the King governing the monarchy as universal lord, and customarily admin- 
istering the affairs of the Pueblos of his own patrimony as their particular lord. 
But in the year 1050, or 1012 perhaps, Alonzo V, desiring to give more regularity 
and solemnity to the political and judicial administration, called together the 
Council of Cortes, and promulgated the special laws called the Fuero de Leon 
among others of a general nature promulgated for the whole kingdom. This is 
the most ancient Fuero (charter or franchise^) which can properly be so called, and 
in it are comprehended some thirty laws reputed as municipal, inasmuch as their 
observance was restricted to the City of Leon and its Termino or Alfoz — the dis- 
trict over which the municipal government extended its jurisdiction." 

The term " Alfoz," according to Escriche, is formed from " Al " and " Fopoz," 
two Arabic words, meaning a meadow or flat land, and was anciently used to 
denote the place comprehended in the jurisdiction of a Town or Seignory, or even 
the jurisdiction itself; and the word " termino " as used here, and in other places 



134 ADDENDA, NO. LXXXIL 

where it occurs in the Spanish Law, in a similar sense, means the district of a 
Town. 

The system in Spanish, as shown in the foregoing extract, which grew up after 
the expulsion of the Moors, differed but little from the feudal system as it existed 
in most of the other countries of Europe, and the first blow which was given to 
the power of the grandees and nobles owing to the influence exercised by the Cities 
and Towns which grew up under the charters that either through necessity or 
policy had been given to them by their respective sovereigns or lords. In Spain, 
the example of Leon was soon followed in respect to other places, until at length 
the municipal system was adopted generally in all the principal Cities and Towns 
throughout the dominion of the monarchy, both in Europe and America, and laws 
were passed for the establishment and building up of new Towns, on the same 
system in her vast unsettled possessions on this continent. 

According to this system the Cities and Towns to which "fueros " or charters 
were granted, were created into quasi Seignorics, exercising, in addition their 
municipal functions within their respective Towns, where the Ayuntamientos were 
established, a general political and judicial authority over the termino or district 
which was assigned to them on their creation. This district was generally called 
the termino or comarca of the Town — the former word being also used in its general 
sense, to denote the limits or boundaries of the district. This is exemplified in 
Article 310 of the Spanish Constitution of 1812, already quoted, which makes it 
obligatory to establish Ayuntamientos in those Towns in themselves, or with their 
comarca (district) shall contain a thousand souls ; " and likewise there shall be desig- 
nated to them their corresponding termino," meaning district with defined limits or 
boundaries ; and in Article 1 of Chapter II of the law of twenty-third June, 1813, 
for carrying out this provision of the Constitution, the designation of termino or 
limits and boundaries to the district was to be made upon the informe of the co- 
terminous Pueblos. This whole subject is so clearly illustrated in the royal decree 
of King Eerdinand the Seventh, for the establishment of the municipal authorities 
of the Town of Manzanillo, contained in Mr. Hawes' brief, page sixteen, that I 
cannot forbear quoting such parts of it as bear upon the point under consideration : 

" Don Eernando VII, by the grace of God, King, etc. In a letter of the four- 
teenth of May of the year 1830, my Governor, Captain- General of the Island of 
Cuba, reported to me the Expediente formed at the instance of D. Sebastian 
Kamagoza, L\ Pedro Olive, and D. Joaquin Clavelle, citizens of the new town 
called Port Eoyal of the Manzanillo in the said Island, with the intent that there 
should be granted to it the title of city or villa, independent of that of Bayamo 
(formed in 1815), with the right to have the local Government Sub-Delegate of 
the Royal Hacienda, Ayuntamiento, and Public Notary — it was ordered on the 
twenty-first of October, of the aforesaid year 1*830, that my Governor, Captain- 
General, should appoint a person in his confidence, to proceed to the apeo (judicial 
survey ) and demarcation of the lands of said Pueblo of Manzanillo, designating 
those necessary for propios, ejidos, dehesa de labor (pasture land for working oxen 
and horses) and pasturage of cattle ; that he should mark out with possible exacti- 
tude the jurisdictional limits (terreno jurisdictional) which were to be assigned^to 
it, and the partidos which it should embrace — that he should take proof of the 
exact number of souls in Manzanillo and of the neighboring partidos, which it 
might be proper to include in its jurisdiction. In pursuance whereof, my Gov- 
ernor, Captain-General, committed the execution of the aforesaid proceeding to 



ADDENDA, NO. LXXXIL 135 

the Lieutenant- Colon el J. Fulgenio de Salas, who, as the result of his first inves- 
tigation, manifested that the discharge of his commission was the work of a long 
time, and would occasion a delay much to be regretted, in the indispensable sep- 
aration of Manzanillo from the jurisdiction of Bayamo, which, without suspend- 
ing the other measures, might be effected immediately, designating for the division 
line of the termino and jurisdiction of Manzanillo that marked by the Estero Cien- 
ega del Buey, river Gicotea, river Tarquino, as natural limits, closing the distance 
between the sources of the two rivers by two right lines, one extending from the 
Gicotea to the Buey, and the other from Tarquino ; by which demarcation there 
remained in the new jurisdiction the partidos of Yara, Gua, and Vicana, leaving 
still in the jurisdiction of Bayamo a territory much more extensive. The subject 
having been examined with all that mature deliberation which its importance 
exacted in my council of the Indies, they acquainted me with their opinion in a 
consulta of the fifth of June last, and conformably therewith I have determined to 
concede the title of Villa to the Pueblo of Port Royal of Manzanillo, in the Island 
of Cuba, with the said jurisdictional territory designated by the Commissioner, D. 
Fulgencio de Salas, and the establishment of an Ayuntamiento, composed of two 
ordinary Alcaldes, which my Governor Captain-General will appoint for the first 
time, and six regidores." 

The proceedings of the Territorial Deputation of California, authorizing the 
Governor to establish a new town to be formed, with an Ayuntamiento, by the 
colonists, under the direction of Tonans Hijar and Padres, which took place on 
the same day with those authorizing the Ayuntamiento at San Francisco, are in 
entire conformity with this view of the subject. The second article of the decree 
of the deputation declares that the new town shall be the capital of the district for 
the towns of San Rafael and San Francisco ; and in the third article the distinc- 
tion is made between the jurisdictional limits of the municipality and the limits of 
the town proper. 

This review of the municipal system, as it has existed in Spain from time 
immemorial, and as illustrated in the documents above cited, removes much of 
the difficulty and obscurity, which, at a first glance, appears to be presented in the 
proceedings relative to the establishment of the Ayuntamiento of San Francisco 
and other towns in California, and in the laws on which they are founded. From 
it we gather that in Spain and Mexico the municipal corporations or Ayuntami- 
entos of towns, in addition to their immediate function as a town council, exer- 
cised also political jurisdiction over an adjoining comarca or district, the limits of 
which were fixed at the time of its organization. This assignment of termino or 
jurisdictional limits, was entirely distinct from the designation of lands for egidos, 
propios, and dehesas de labor : these last were intended for the exclusive use and 
benefit of the corporate authorities and the vecinos of the town, and were under 
the special charge and administration of the Ayuntamiento. What were the rights 
of the towns in these lands we shall consider hereafter. This comarca or district 
might in fact embrace other pueblos, settlements, or villages ; the inhabitants of 
the district were designated by the term vecinos of the pueblo, and were entitled to 
all the right of common and other privileges of the town, and were subjected to 
the same taxes and contributions for municipal purposes. Indeed, according to 
the theory of the system, they were regarded as residents of the town itself, as at 
its origin they were in fact. We have already referred to the prominent feature of 
the Spanish law requiring the inhabitants to dwell in the towns and not disperse. 



136 ADDENDA, NO. LXXXII. 

This policy was doubtless adopted for the mutual protection and security of the 
inhabitants ; but as the country became more settled, and the protection afforded 
by the laws more certain and efficient, the inhabitants would gradually obtain por- 
tions of land in the adjoining districts, for purposes of pasturage or cultivation, 
on which they erected houses for their temporary residence ; and many preferring 
the independence of a country life, would in process of time make them their per- 
manent places of abode. This seems to hare been the case very generally among 
the Mexicans in California prior to the American occupation of the country, and 
is still so throughout the territory of the Mexican Republic. But this residence 
beyond the limits of the town proper, but within its jurisdictional termino, did not 
deprive them of any of the privileges of a vecino of the pueblo, or relieve them of 
any of the obligations or burdens to which they were subjected as such. For 
instance, they were entitled to ask for and receive grants of house lots in the town 
for building, sucrtes, and lots for cultivation in the common lands of the pueblo ; 
and a preference was given them in granting the public lands within its jurisdic- 
tional limits. The town lands which were granted them, were generally coupled 
with a condition that they should be subject to the caTxon, or tax, which might be 
imposed upon them for municipal purposes. On the other hand, being subjected 
to the burden imposed by the municipality, and to the jurisdiction of its judicial 
officers, they were permitted to participate in the choice of those officers. 

The application of these principles, which are, in our opinion, fully established 
by the laws, usages, and customs of Spain and Mexico in reference to the subject, 
to the case now under consideration, will remove all difficulty as to the character 
of the organization authorized by the decree of the Deputation and the order of 
Governor Figucroa of the fourth of November, 1834. They establish clearly to 
my mind that the effect of that organization was to erect the former Presidio of 
San Francisco into a pueblo, with a regular municipal government ; that, as such, 
it became the cabeza or capital of the neighboring comarca or district over which 
the Ayuntamiento, as in the case of other towns, exercised civil jurisdiction, and 
the inhabitants of which, as vecinos of the new pueblo, were authorized to partici- 
pate in the election of the officers who composed that body. It will be observed 
that the district over which the Ayuntamiento exercised jurisdiction, is here called 
the Partido of San Francisco. This is easily explained. A partido was, under 
the laws in force, a judicial district, and designated the jurisdiction of a Judge of 
Letters. — [See Article 273 of the Spanish Constitution of 1812.] But there was 
no Judge of Letters in California, and the functions of that officer were conse- 
quently devolved on the Alcalde within the jurisdictional limits of the Ayuntami- 
ento. The district embraced by those limits, designated both the civil jurisdiction 
of the town authorities and that exercised by the Alcalde in his judicial capacity 
as Judge of Letters, and was therefore properly termed the Partido of San Fran- 
cisco. — [See Order of Governor Figueroa, November 4th, 1834.] In the latter 
part of the year 1838, the sessions of the Ayuntamiento were, with the sanction of 
the Governor, removed to the Mission Dolores, in the immediate vicinity of San 
Francisco. This seems to have been done for the convenience of its members, 
and on account of the better accommodation afforded by the Mission buildings. 
This was the last Ayuntamiento which ever existed in San Francisco under the 
Mexican Government, and was, like all its predecessors, elected and installed at 
the Presidio. By the new Constitution of 1836, and the Organic Law of March 
20th, 1837, the Ayuntamiento was abolished, and its functions devolved on Jus- 



ADDENDA, NO. LXXXIL 137 

tices of the Peace, appointed by the Governor on the recommendation of the Pre- 
fect of the District. 

The new system was formally inaugurated by Governor Alvarado in January, 
1839 ; and in his order for that purpose (Exhibit No. 10 to the deposition of M. G. 
Vallejo), San Francisco is recognized as the head of the partido for the frontier of 
the north. The Justices of the Peace appear to have continued in the exercise of 
the civil and judicial functions until the year 1843, when by an order of Governor 
Micheltorena (Exhibit No. 11 to same deposition), these officers were again super- 
seded by first and second Alcaldes, who appear to have administered the govern- 
ment of the pueblo and district up to the change of government in 1846. During 
the whole of the period the Pueblo of San Erancisco seems to have been recog- 
nized in the official correspondence and public documents, upon the same footing 
and in the same class with Monterey, Los Angeles, San Diego, San Jose, and 
other towns of the Department. The fact that the Ayuntamiento for a short time 
held its sessions at the Mission, and that the Justices and Alcaldes sometimes 
resided and held their courts at that place, or the vague recollections of witnesses, 
who held official stations under the former government, as to what was done, or 
their opinions as to the legal effect of their acts, cannot in our opinion counter- 
balance the overwhelming weight of testimony in favor of the establishment of a 
pueblo or town by the Mexican authorities in California, embracing the presen 
site of the City of San Erancisco, and its continued existence down to the period 
of the American occupation on the seventh of July, 1846. 

It is not proposed, nor is it considered necessary to go into a detailed examina- 
tion of the testimony of the witnesses above referred to. By reference to their 
depositions it will be seen that while they evince a strong desire to disprove the 
existence of a pueblo, the facts which they disclose tend to establish the opposite, 
and go very far to sustain the conclusion to which we have arrived from the docu- 
mentary evidence and the laws applicable to the subject. Indeed, their whole tes- 
timony exhibits, when compared with their official acts, either an extraordinary 
obliquity of memory or gross ignorance of the character and effect of the laws 
under which they acted. 

It is probable, from the testimony, that when the pueblo was first organized the 
site of the village or town proper was intended to be at the Presidio ; but subse- 
quently, from the superior advantages of the anchorage at the place called Yerba 
Buena, that point was selected as the most eligible for that purpose. It appears 
from the deposition of "Wm. A. Richardson, and the communication of Governor 
Castro annexed thereto [as Exhibit No. 1], that in the autumn of 1835 Richard- 
son was employed to lay off and make a plan of a town at ihat point, which plan 
was communicated to the Governor and approved by him : about the same time 
the resolution of the Deputation was passed, authorizing the Ayuntamiento to 
grant building lots at that place, which was communicated to the municipal 
authorities in the order of Governor Castro of the twenty-sixth of October, 1835 
[marked Exhibit No. 5 to the deposition of Vallejo], and dated just six days after 
the communication to Richardson approving the plan of the town as submitted by 
him. There is an evident attempt in the testimony of Richardson to make it 
appear that the municipal organization here referred to was for a pueblo at the 
Mission Dolores or San Erancisco de Asis, as it was indifferently called. But this 
is so palpably contradicted by the other evidence in the case, both documentary 



138 ADDENDA, NO. LXXXIL 

and oral, and so inconsistent with the other parts of his own testimony, as to enti- 
tle it to no weight whatever. 

It is objected further, that even admitting these proceedings to be sufficient for 
the establishment of a pueblo so far as the territorial authorities were concerned, 
that in order to give them effect and validity, under the law which authorized 
them, the approval of the Supreme Government was necessary. 

This is unquestionably true, and we accordingly find that the resolutions of the 
Territorial Deputation directed that they should be communicated to the govern- 
ment at Mexico for that purpose. There is no evidence in the case that such 
approval ever was had, but the resolutions to that effect were doubtless sent to the 
Government by Governor Figueroa, as we can scarcely imagine that one who was 
so punctual and exact in the discharge of all his official duties, would have neg- 
lected it in this instance. The existence of the pueblo appears to have been uni- 
formly recognized by the public authorities from that time, and its civil officers 
continued in the exercise of their functions without any question as to their 
authority or the legality of their acts up to the change of government, a period of 
near twelve years. Such approval, therefore, according to well recognized legal 
principles, would be presumed. 

After a careful examination of the whole testimony on this point, and the law 
applicable to the subject, we are brought to the conclusion that the effect of the 
proceedings of the territorial authorities in 1834, as shown by the official records 
and documents, for the establishment of the Ayuntamiento at the Presidio of San 
Francisco, and the subsequent organization of that body in conformity therewith, 
was to erect the Presidio into a pueblo or town, with all the civil and territorial 
rights which attached to such corporations under the laws of Mexico then in force. 

The existence of the town being thus established, we are brought to the consid- 
eration of the second proposition presented in the case : What were the character 
and extent of the rights of pueblos or towns in lands assigned for their use and 
benefit under the laws of Mexico ? 

There can be no doubt that, under these laws, the pueblos or towns, and their veci- 
nos or residents, were entitled to the use and enjoyment of certain lands within pre- 
scribed limits, immediately contiguous to and adjoining the town proper. This 
right appears to have been common to the cities and .towns in Spain from their 
first organization, and to have been incorporated by her colonies into their munici- 
pal system on this continent. It is fully recognized in all the laws and ordinances 
in relation to the settlement and government of her colonies during her suprem- 
acy over them ; and the same system seems to have continued in Mexico, with but 
little variation, since her separation from the mother country. The orders and 
decrees of the Government, and the acts of the public authorities of Mexico on 
the subject, all refer to the laws and ordinances of the former government as still 
in force, and prescribing the rule of proceeding in relation to the establishment 
and regulation of the pueblos. In order, therefore, to ascertain the precise char- 
acter and extent of their rights, we must refer to these laws and the practice under 
them, as evidenced by the orders, instructions, and regulations which have, at 
various times, been promulgated to carry them into effect. "We have shown in the 
former part of this opinion, that it was a fundamental principle of Spanish policy 
to collect the inhabitants of the countries, subject to her jurisdiction, in cities, 
towns, and villages ; hence we find all her laws and regulations for the settlement 
and colonization of her American possessions have reference to this policy, and 



ADDENDA, NO. LXXXII. 139 

contemplate the establishment of a town with a municipal government as the first 
step in the formation of such settlements. The earliest of these laws were the cel- 
ebrated Ordenanzas de Poblacionts, first promulgated by Philip II, in the year 
1563, and afterwards incorporated in Recopilacion de Leyes Indies, where they con- 
stitute Laws 6, 7, and 10, Title 5, Lib. 4. These laws appear to have remained in 
force in the Spanish possessions, with little variation, down to the present time ; 
and, in their general features, have been always recognized in Mexico as the basis 
of the rights of the pueblos or towns to the lands held and occupied by them. 
Laws 6 and 10 of the Recopilacion provide for the establishment of new towns, 
either by contract with individuals, or by the voluntary association of a number of 
families, not less than ten, and direct lands to be assigned for the use of the new 
settlers. In the former case, at least thirty vecinos were required, and the quantity 
of four square leagues (cuatro leguas en cuadro) were to be laid off as the termino y 
territorio, the limits and territory, of the town. Some controversy has arisen as to 
the true meaning of the words "cuatro leguas en cuadro" — whether they should be 
translated four square leagues, or four leagues square. White, in his Collection 
of the Laws, etc., has adopted the former rendering ; on the other hand, it is con- 
tended by the counsel in this case, that the latter is the more correct translation, 
and this idea is favored by the language of the order of Pedro de Nerva of March 
22d, 1791 [Rockwell, p. 451], prescribing the quantity of land to be assigned to 
new pueblos to be formed under the protection of the presidios, which declares 
that it shall consist of four common leagues, to be measured from the center of 
the presidio square — namely, two leagues in every direction. This is supposed to 
mean two leagues in every direction from the center of the square, which, accord- 
ing to the ancient Spanish mode of surveying by forming a square upon the 
extremities of these lines, would give four leagues square, or a superficies of six- 
teen square leagues. But a comparison of this order with others on the same 
subject, satisfies us that the two leagues in every direction had reference to the 
whole extent of the line in both directions, and not its length from the center of 
the presidio square. The words " cuatro leguas en cuadro " are used in both senses ; 
literally, they mean four leagues in a square ; and so far as we have been able to 
gather their meaning as used in the law above referred to, from the interpretation 
put upon them in other orders and documents relating to the subject, we are of 
the opinion that the translation of Mr. White is correct, and that the quantity of 
land intended to be assigned to the new towns was four square leagues, and not 
four leagues square. 

We have already had occasion to refer to the first settlement of California, and 
the establishment of the Missions and presidios as the sites of future towns and 
villages. The earlier orders and instructions for the government and regulation 
of the new settlements all have reference to this ulterior object. They authorize 
the Commandants of the Presidios to designate common lands, and to make grants 
to Indians and other settlers, meaning those of the white race, in conformity with 
the provisions of laws above referred to with respect to new settlements and towns, 
and requiring the inhabitants to live in the towns and not dispersed. See instruc- 
tions, etc., of Don A.ntonio Bucareli y Urusu, dated Mexico, August 7th, 1773. — 
Rockwell, pp. 144, 145. 

The regulations of Don Felipe de Neve, approved by the King in October, 
1781 (Rock. p. 445), prescribe rules for the organization and government of the 
new Pueblos, and the manner in which lots and lands (solares y suertes) shall be 



140 ADDENDA, NO. LXXXIL 

distributed among the inhabitants. It also provides for the designation of lands 
for the propios of the Pueblo, and recognizes the right of the inhabitants to the 
common privilege of water and pasturage, firewood and timber of the common 
forest, and pasture lands to be designated according to law to each Pueblo. The 
decree of Don Pedro de Nerva, dated Chihuahua, March 22d, 1791, and the 
opinion of the Assessor or legal adviser of that Comandancia to which it refers, 
are still more explicit on this subject. The first named document declares that : 
" the extent of four common leagues measured from the center of the Presidio 
square, namely, two leagues in every direction, to be sufficient for the new Pueblos 
to be formed under the protection of said Presidio ;" and the latter referring 
expressly to Law 6, Tit. 5, Lib. 4, of the Rccopilacion, says that the boundaries 
assigned to each Pueblo for common lands must be four leagues in a square or 
oblong body. But the instruction made for the establishment of the new Town of 
Pitic, in the adjoining Province of Sonora, dated Chihuahua, November 14, 1789, 
a certified copy of which is found in the archives, approved by the King, and 
ordered to be adopted by the other new projected settlements, and those that may 
be established in the district of that Comandancia, is conclusive on this point. 

This document gives minute and particular directions for the establishment and 
government of the new Pueblos, and declares the quantity of land to be assigned 
to them under the law above cited, as four leagues in a square or oblong form, out 
of which, after distributing to the settlers and vecinos the building and farming 
lots, solares and suertes, according to the provisions of the order, there were to be 
laid off certain portions as dehesas or pasture lands for the working oxen belonging 
to the Town, and land for the propios, the profits of which were to be applied to 
the support of the civil authorities and other municipal purposes — the residue to 
constitute the egidos or common lands for the use of the vecinos of the Pueblo gen- 
erally. This document furnishes a complete illustration of the practice under the 
Spanish Government in the formation of new Towns, and is directly in point in 
the present case, inasmuch as the town of Pitic was at the time of its establishment 
the site of a Presidio, and like those in California, was under the civil jurisdiction 
of the Military Commandant, whose authority was superseded by the new munici- 
pal organization. 

That the general provisions of the laws of the Indies upon which these several 
orders and instructions were founded, continued in force in Mexico after her sep- 
aration from the mother country, except so far as modified by subsequent legisla- 
tion, or were inconsistent with the principles of the new Government, can scarcely 
admit of a doubt. Indeed, they are expressly referred to and recognized as such 
in the 13th Article of the Regulation of November 21st, 1828, and the Regulation 
adopted by the Territorial Deputation to provide the Towns and Cities with neces- 
sary funds for their expenses and public works, promulgated by Governor Figueroa 
on the 6th of August, 1834. The first Article of this Regulation requires the 
Ayuntamientos to proceed by the proper channels to solicit the assignment to each 
Pueblo of lands for commons and for propios ( Terrenos para Ejidosypara propios.) 
Article second directs the manner in which the lands for propios shall be 
subdivided and a revenue raised from them, either by leasing or giving them en 
censo enfiteutico to the highest bidder. But if any doubt remained as to whether 
those laws were still recognized in Mexico, it would be entirely removed by a 
report of Manuel Jimeno, for many years Secretary of the Government of Califor- 
nia, and one of the best informed of the public officers of the Department whose 



ADDENDA, NO. LXXXIL 141 

acts have come under our observation. This report is found in the Expediente 
filed in the claim of Martina Castro for the place named " Shoquel," numbered 
593 on the docket of the Commission, and is as follows : 

"Most Excellent Governor :— The title given to Doiia Castro is drawn, 
subject to the conditions that were inserted in many other titles during the time of 
General Figueroa, in which they subjected the parties to pay censos (tax) if the 
land proved to belong to the egidos of the Town. 

I understand that the Town of Branciforte is to have for egidos of its population, 
four square leagues, in conformity to the existing law of the Recopilacion of the 
Indies, in volume the second, folios 88 to 149, in which it mentions that to the new 
Towns, that extent may be marked, to which effect it should be convenient that 
yonr Excellency should commission two persons deserving your confidence, in 
order that, accompanied by the Judge of the Town, the measurement indicated 
may be made, and it may be declared for egidos of the Town the four square 
leagues, leaving to the deliberation of your Excellency to free some of the grantees 
of the conditions to which they are subject. The supreme judgment of your Ex- 
cellency will resolve as it may deem it convenient. 

MANUEL JIMENO. 
Monterey, February 8th, 1844." 

This document is important, not only as showing that the laws of the Recopila- 
cion de Indies in relation to the formation of towns were considered in force in 
California, but also the construction of those laws by the authorities as to the 
quantity of land to be assigned to them as egidos. In another report of Jimeno, 
contained in the same Expediente, the same lands are referred, to as consisting of 
cuatro sitios. This construction of the law fixes the quantity of land to which a 
town was entitled to use for propios and egidos at four square leagues, and not 
four leagues square, as contended for by the counsel in the case, and fully sustains 
the views we have expressed above. 

The most material alteration made in the Ordinances de Poblaciones were 
effected by the decrees of the Spanish Cortes, already referred to in relation to 
the organization of the municipal authorities of the towns ; and that of the fourth 
of January, 1813, for reducing the vacant and other common lands to private 
property — which last will be considered in connection with another branch of the 
subject. But these changes did not affect the rights of the towns or their inhab- 
itants, to the use and occupation of the lands assigned to them for egidos and for 
propios, or the extent of the lands which might be so assigned, except that by the 
provisions of the last-mentioned decree, these lands might be alienated and reduced 
to private property, like other portions of the public domain, whereas prior to that 
time they were inalienable, except in the quantities and under the restrictions pro- 
vided by the law and instructions on the subject, authorizing the concession of 
small parcels for building and farm lots. After being reduced to private property, 
the rights of the town of course would cease, except so far as the lands might be 
subject to taxation for the support of the municipal government. 

If we are correct in our deductions from these authorities, there can be no doubt 
that at the time the organization of the Pueblo of San Francisco took place, newly 
established towns in California were entitled to have assigned to their use certain 
lands known as lands for egidos and propios. 

Under the Spanish Government, the quantity of land assigned to a presidio in 



142 ADDENDA, NO. LXXXII. 

anticipation of its being erected into a pueblo at some future time, was limited, as 
we have shown above, to the quantity of four squarge leagues ; but there is noth- 
ing in the law which would restrict the new pueblo on its organization to that pre- 
cise quantity ; and it is presumed that the proper authority might assign a greater 
or less quantity, according to the necessities of the town, its population, contiguity 
to other pueblos, or other circumstances. 

Applying then these principles to the facts of this case as disclosed in the testi- 
mony, we are satisfied that, at the time of the establishment of the Pueblo of San 
Francisco, such an assignment of lands was made to the new town, and their 
boundaries established by the Comandante of the Presidio, on whom the duty 
of inaugurating the municipal authorities devolved. M. G. Vallejo, who then 
filled the office of Comandante, testifies, that he marked out boundaries for the 
Pueblo of San Francisco, and sent an Expediente of the act down to the Govern- 
ment at Monterey ; that subsequently he received from Governor Figueroa a com- 
munication notifying him of the approval by the Territorial Deputation of the plan 
presented by him, and reciting the boundaries as described in his note, and that 
within two weeks after the receipt of that communication, he, in company with 
Francisco de Haro, Jose Sanchez, Francisco Cazares, Juan Miranda, and others, 
established the boundaries of the pueblo as described in said document. 

Two copies of the communication from Figueroa, marked respectively Exhibits 
Nos. 4 and 18 to the deposition of Vallejo, are filed in the case, and are proved by 
him to be true copies of the original, which he states was deposited by him in the 
archives of the new pueblo. Exhibit No. 18 purports to be certified as a true copy 
by Augustin Zamorano, then Secretary to the Territorial Government, and is 
translated as follows : 

" Political Government of Upper California. 

"General Comandancia of Upper California : — This Government, satisfied of 
the zeal and activity which characterizes you, as well as the patriotism which ani- 
mates you, sees in your official note of the 24th of October, ultimo, a new proof 
of your desire for progress, and of your untiring efforts for the enlightenment and 
greatness of your country and of your fellow-citizens. 

" In consideration of this, he takes pleasure in making known to you that, with 
the consent of the Most Excellent Territorial Deputation, it has adopted entire 
the Plan, which you have presented in your note referred to, with respect to the 
Pueblo of San Francisco, declaring its boundaries to be the same which you de- 
scribe in said note : that is, commencing from the little cove (caleta) to the east of 
the Fort, following the line drawn by you, to the beach, leaving to the north the 
Casa Mata and Fortress ; thence following the shore of said beach to Point Lobos, 
on its southern part ; thence following a right line to the summit of El Deviside- 
ro; continuing said line towards the east to La Punta del Rincon, including the 
Canutales and El Gentil ; said line will terminate in the Bay of the Mission Do- 
lores, the estuary of which will form a natural boundary between the municipal 
jurisdiction of that Pueblo and of said Mission Dolores. 

" This Government, as proof of the confidence with which your services inspire 
it, has directed that you should be the person to have the honor of installing the 
first Ayuntamiento in that Pueblo of San Francisco, for which you have already 
done so much. 

" In consequence, you will proceed, in the time and manner prescribed by law, 



ADDENDA, NO. LXXXIL 143 

to the election of the municipal authorities, in order that they may be installed the 
first day of January of the coming year, 1835, designating for town houses the 
buildings which you may deem most fit. God and Liberty. 

" [Signed] JOSE EIGUEROA. 

"Monterey, Nov. 4th, 1834. 

" To the Military Comandante of San Francisco, 
"Don Mariano G. Vallejo. 

"A true copy: [Signed] ZAMORANO." 

Much controversy has arisen, and much conflicting testimony taken in the case, 
as to the authenticity of this document as an official copy, and the genuineness of 
the signature of Zamorano to the certificate which appears upon it. In the view 
which we have taken of the case, we do not consider the decision of this question 
material to the issue. The only questions presented for our decision under the 
law, are : Eirst — The existence of the pueblo or town on the seventh of July, 
1846. Second — Whether such town Avas possessed of lands, and if so, what were 
their extent and limits. And Third — The two first propositions being established 
affirmatively, whether the present City of San Erancisco is entitled to a decree of 
confirmation for such lands under the Act of the third of March, 1851 ? The 
establishment of the town, and its continued existence down to the period of the 
American occupation, is, as we have already shown, fully sustained. We have, 
also, shown by the laws in force at the time the pueblo was established, newly 
formed towns in Mexico were entitled to the use and occupation of certain lands 
contiguous thereto. It does not appear from those laws that any formal grant or 
title to those lands was ever made to a town ; but they were simply laid off, and 
their boundaries fixed by the officer appointed for that purpose. This act was as 
necessary to the establishment of the new town as any other part of the proceed- 
ings for that purpose. It was necessary, in order to fix the municipal jurisdiction 
of the town authorities, and the limits within which the "vecinos" were entitled 
to the enjoyment of the rights of common conferred by law. It is true, that 
some evidence, or official recognition of this act ought to be found in the archives 
of the pueblo, and we accordingly find, from the testimony of Vallejo, that the 
original of the communication from Governor Eigueroa, recognizing and approv- 
ing the boundaries as fixed by him, was deposited there ; that it cannot now be 
found is not a matter of surprise, in view of the fact that of the great mass of 
documents constituting the archives of the former Presidio and subsequent Pueblo 
of San Erancisco, the few papers filed in this case are all that can now remain re- 
lating to the subject. The document in question is not presented as a title paper, 
but in corroboration of the testimony of Vallejo, showing that the lands were laid 
out and the boundaries established by him. General Vallejo was the Military 
Comandante of the Presidio, exercising the functions of Civil Magistrate within 
its jurisdiction, and as such was the proper officer to carry out the decree of the 
the Assembly for organizing the new Pueblo. It appears from the documentary 
evidence that he did so, and we learn from his deposition that among the acts per- 
formed by him was the assignment of lands and the establishment of the bounda- 
ries of the town ; this document is filed to show that this, together with his other 
proceeding in the premises, were approved by the Governor. His evidence in this 
respect is strongly corroborated by the second deposition of Richardson, and that 



144 ADDENDA, NO. LXXXIL 

of Charles Brown, taken in the case, both of -whom swear that the division line 
between the Mission and the Presidio or Pueblo of San Francisco, ran up Mission 
Creek to a high hill known as the " Devisidero," and thence in a straight line to 
the Pacific Ocean or Point Lobos. This line is almost identical with that estab- 
lished by Vallejo and described in Exhibit No. 18. Other witnesses refer to it 
when they speak of frequent disputes between the authorities of the Mission and 
those of the Presidio, in relation to the trespassing of the cattle north or south of 
it. It is further corroborated by the testimony of Ford and Rose, both of whom 
testify to a line described and pointed out to them by Guerrero and Hinckley, now 
deceased, who formerly held official positions in the pueblo. Their descriptions of 
this line approximate as nearly to that laid down in Exhibit No. 18, to the deposi- 
tion of Vallejo, as could be expected from persons who were at the time but little 
acquainted with the topography of the surrounding country. The line referred to 
by Richardson and Brown, was doubtless the dividing line between the two estab- 
lishments, and was adopted and established by Vallejo as the line of the pueblo. 
This evidence is, in our opinion, sufficient to establish the fact that the land was 
laid off, and its boundaries fixed, by competent authority, independent of that de- 
rived from the document in question. This assignment and fixing of boundaries 
was in our opinion sufficient to invest the pueblo with all the right to the lands 
embraced by them, which it was capable of acquiring under the Mexican law. 
Whether Exhibit No. 18 be an official copy or not, we think it is sufficiently 
proved, to identify and furnish a description of the boundaries which Vallejo 
swears he established as the limits of the pueblo near the time it bears date ; and 
the fact of the continued existence of the pueblo, with the limits so assigned, down 
to the period of the American occupation, is sufficient to raise a presumption that 
the act establishing those limits was, in common with other proceedings for its 
organization, duly approved by the proper authorities. But whether this be so or 
not, we are clearly of the opinion that there is sufficient proof of the loss or de- 
struction of the original to authorize the introduction of secondary evidence of its 
contents, in which case the paper in question would be admissible in evidence as a 
sworn copy. 

It is exceedingly difficult, with our imperfect knowledge of the Spanish and 
Mexican laws on the subject, to determine what was the precise character of the 
rights which the pueblos held in the lands assigned to them. The lands for propios 
seemed to be under the control of the municipal authorities, for the purpose of rais- 
ing funds for their support and other municipal purposes. The regulations gener- 
ally prescribe the manner in which this should be done. In the plan of Pitic, the 
mode proposed seems to have been by cultivation at the expense of the town — 
the profits being appropriated to the municipal expenses. In other cases, they 
were authorized to lease or dispose of them en censo enfiteutico, as in the California 
Regulations of August, 1834. The egidos, or common lands, stood on an entirely 
different footing ; they were not regarded in any sense as the property of the cor- 
poration, but were set apart and assigned for the common use of the vecinos of the 
pueblo. 

But whatever may have been the interest which the towns had in those lands, or 
the tenure by which they held them, it is certain that they never had such a right 
of property in them as would enable them to alienate or dispose of them in any 
manner. Both the right to grant house lots, or farm lots, and to dispose of propios 
by lease or enfiteutic rent, was under authority specially delegated by the Gov- 



ADDENDA, NO. LXXXIL 145 

eminent for that purpose, and revocable at its pleasure. This is proved by all the 
laws, regulations, and instructions to which we have had access — all of which go 
to show that the right of property remained in the Government, subject to the use 
of the towns for the purposes and under the restrictions imposed by the laws and 
regulations. Authorities might be multiplied almost indefinitely to sustain this 
position ; indeeed, we find the principle pervading all the laws of Spain and Mex- 
ico on the subject, and uniformly recognized in their application by the authorities 
whose duty it was to carry them out. Elizondo, in his Practica Universal Forense 
volume 3, page 109, lays it down distinctly in the following passage : " For," says 
he, "the Kings, the fountains of jurisdictions, are the owners of all the terminos 
situated in their kingdoms, and as such can donate them, divide or restrict them, 
or give any new form to the enjoyment thereof, and hence it is that the pueblos 
cannot alienate their terminos and pastos without precedent royal license and 
authority." Again, volume 5, page 226, he says: "There is nothing whatever 
designated by law as belonging to towns, other than that which by royal privilege, 
custom, or contract between man and man, is granted to them, so that although 
there be assigned to the towns at the time of their constitution a territorio and perti- 
nencias, which may be common to all the residents, without each one having the 
right to use them separately, it is a prerogative reserved to the princes to divide 
the terminos of the provinces and towns, assigning to these the use and enjoyment, 
but the dominion remaining in the Sovereigns themselves." 

The decree of the Spanish Cortes of the fourth of January, 1813, is, in itself, a 
recognition of this principle. The object and intent of the law was the distribu- 
tion and reduction to private property of all the lands previously occupied and 
used by the towns, and it prescribes minutely the manner in which this shall be 
done, and treats them throughout the whole act as public or royal lands. If these 
lands had been the private property of the pueblos, the Cortes would have had no 
more right to decree their sale and distribution than they would have had to alien- 
ate or dispose of the private property of individuals. But it is evident, from the 
whole tenor of the decree that they were regarded as public lands, and subject to 
be disposed of at the pleasure of the sovereign power. This law was probably 
never carried into effect in Spain ; but there can be no doubt that, in common 
with other decrees of the Cortes, which were revived by the Spanish revolution of 
1819, it was in full force in Mexico at the time her independence was established. 
These decrees have since been repeatedly recognized by Mexico as part of her 
civil code; and that of the fourth of January, 1813, unquestionably constituted 
the foundation for the power which was uniformly exercised by the Mexican author- 
ities in California in the distribution and granting the common and other lands of 
the towns, in the same manner as other portions of the public domain, except that 
in the former ones the lands were granted subject to the cation or tax which might 
be imposed for municipal purposes. The method usually adopted when a petition 
for lands supposed to be included in the egidos (commons) of a town was presented 
to the Governor was, for that officer to enter an order referring it to the Ayunta- 
miento, who reported whether the lands belonged to the town, and if so, whether 
they might be granted without detriment to the corporation. If the report was 
favorable to the grant, it was made in the customary form of a colonization grant 
with the condition above mentioned, and in some cases with the additional one, of 
subjecting the lands granted to the enjoyment by the vecinos of the pueblo of the 
common right of wood, water, and pasturage. Among the numerous cases of this 



146 ADDENDA, NO. LXXXIL 

description which have been presented to the Commission, we refer particularly to 
the Expedientes in cases no 353, Jacob P. Leese, for " Panta de Pinos ;" No 535, 
Rafael Estrada, for the " Rincon de las Salinas ;" No. 593, Martina Castro, for 
" Shoquel," in which the grants were made by Governor Figueroa in 1833 ; No. 
191, Charles Walters, for " El Toro," grant made by Governor Castro in 1835 ; 
No. 456, Antonio Igo. Abila, for " Sausal Redondo," grant by Governor Alvarado 
in 1837 ; and No. 427, Thomas Sanchez, for " La Cienega," grant by Governor 
Micheltorena in 1848. All of these are grants of land supposed to be within the 
egidos, or common lands, of the respective towns near which they were situated. 
These grants were made at different times, extending through a period of ten 
years, and by nearly all the persons who filled the office of Governor during that 
time, and no question seemed to have been raised as to the authority of the Gov- 
ernor to grant them as portions of the public domain ; but being situate within 
the corporate limits of towns, they were made liable to be taxed for municipal 
purposes. By Article 77 of the Organic Law of the twentieth of March, 1837, the 
distribution of the common lands of the towns was committed to the Prefects of 
the respective districts. The powers of those officers over the subject was consid- 
ered by the Board, in their opinion in the case of Manuel Larios, No. 279, for 
lands near San Juan Bautista, in which their authority to grant those lands as be- 
longing to the Government was fully recognized. 

The proceedings of the Territorial Government in relation to the distribution of 
lots in the Pueblo of San Francisco, are in entire conformity with this view of the 
question. The first application of which we find any record, for a grant of a house 
lot or farm lot (suerte) in the new Pueblo was that of Jose Joaquin Estudillo, 
referred to in the former part of this opinion, where the action of the Governor and 
Territorial Deputation on the subject is fully set out. From these proceedings it is 
clear that the lands were regarded as the property of the nation, and as such subject 
to the disposition of the territorial authorities according to the law regulating the 
subject, and this, two, notwithstanding the fact that they are expressly recognized 
as belonging to the jurisdiction of the Ayuntamiento of San Francisco. The depu- 
tation accordingly reported in favor of the expediency of making the grant limiting 
the quantity to that specified in the fifteenth article of the regulation of November 
21st, 1828. This reference to the regulation shows that the deputation considered 
that they were acting upon its authority, from which alone they derived their power 
to dispose of the public lands, and, as a necessary consequence, that they regarded 
the lands referred to as comprehended in that description. To avoid, however, 
the numerous applications, which they supposed would be made for building lots 
in the new Pueblo, they passed a resolution authorizing the Ayuntamiento to make 
such grants within certain limits specified in the resolution. The order of Gov- 
ernor Castro, of the 26th October, 1835, communicating this resolution of the 
deputation to the Ayuntamiento, and directing future applications for such grants 
to be made to that body, has already been quoted, and was unquestionably the 
authority under which all subsequent grants of lots of one hundred varas square 
were made by that body, or the Justices or Alcalde who succeeded it in the gov- 
ernment of the Pueblo. 

A careful examination of the authorities on this point, in connection with the 
uniform practice under Spanish and Mexican Governments, as shown in the numer- 
ous orders, decrees, and regulations, and the acts of the public functionaries in 
relation to the subject establish clearly, in our opinion, the following propositions : 



ADDENDA, NO. LXXXIL 14T 

1st. That under the laws of Spain and Mexico no right of property in lands 
assigned to Pueblos or Towns was ever vested in those corporations by which they 
could alienate or dispose of them in any manner ; but such assignment only con- 
ferred a right to use and occupy them in the manner prescribed by the laws under 
the direction of the superior authorities. 

2d. That the right to alienate or dispose of such lands, whenever exercised by 
the municipal authorities, was by virtue of powers specially delegated to them for 
that purpose by the King or Nation, in the same manner as the authority to dis- 
pose of other portions of the public domain was conferred on other functionaries 
specially charged with the subject. 

In view of these conclusions, the question is presented whether an assignment of 
municipal lands to Towns under the laws of Mexico conferred on those corpora- 
tions such a right or title to the premises so assigned, as would under the general 
provisions of the Act of the 3d of March, 1851, entitle them to confirmation of 
the same, independent of the presumption created in their favor by the fourteenth 
Section of that Act. So far as the action of this commission is concerned, we do 
not think it necessary to decide this point. In the former part of this opinion we 
have examined the true meaning and intent of the fourteenth section of the above 
law referred to, and from that examination we entertain no doubt that it was the 
intention of Congress, where a Town was proven to be in existence on the 7th of 
July, 1846, that a grant should be presumed for all the lands at that time held and 
occupied by such Town or its lawful authorities. That in accordance with that 
presumption, the lands should be confirmed to the corporate authorities of the 
Town, which confirmation should inure to the benefit of the lot holders under 
grants from the Town, and should operate as a release of the rights of the United 
States to the remainder of the land in favor of the corporation for the common 
use and benefit of all the inhabitants without prejudice to the rights of third parties. 
From our examination of the evidence in this case and the laws applicable to the 
subject, as shown in the preceding part of this opinion, we are brought to the fol- 
lowing conclusions : 

1st. That a Pueblo or Town was established under the authority of the Mexican 
Government in California, on the site of the present City of San Francisco, and 
embracing the greater portion of the present corporate limits of said City. 

2d. That the Town so established continued and was in existence as a municipal 
corporation on the 7th day of July, 1846. 

3d. That at or about the time of its establishment, certain lands were assigned 
and laid off in accordance with the laws, usages, and customs of the Mexican 
nation, for the use of the Town and its inhabitants, and the boundaries of said lands 
determined and fixed by the proper officers appointed for that purpose by the Ter- 
ritorial Government. 

4th. That the boundaries so established are those described in the communica- 
tion from Governor Figueroa to M. G. Vallejo, dated November 4, 1834, a copy 
of which is filed in the case, marked Ex. No. 18, to the deposition of said Vallejo. 

These conclusions bring the case, in our opinion, clearly within the operation of 
the presumption raised in favor of a grant to the Town by the 14th Section of the 
Act of the 3d of March, 1851, and entitle the petitioner to a confirmation of the 
land contained within the boundaries described in the document above mentioned. 

E. AUG. THOMPSON, 
S. B. FARWELL, 
11* Commissioners. 



148 ADDENDA, NO. LXXXIII. 



No. LXXXIII. 

UNITED STATES LAND COMMISSION FOR CALIFORNIA. 

CLAIM FOR FOUR LEAGUES PUEBLO LANDS. 

Dissenting Opinion of Commissioner Alpheus Felch. 

THE CITY OF SAN FRANCISCO ) 

versus > No. 280. 

THE UNITED STATES. ) 

I fully concur with my associates in the Commission, in the opinion that the 
City of San Francisco is entitled to a decree of confirmation in this case, but in 
my judgment the premises which should be confirmed, comprise only the land 
which, plotted into lots, streets and squares, was embraced within the city limits 
under its act of incorporation passed in 1850. The decree which is entered in the 
case covers a much larger tract. It is bounded on the North and on the East by 
the waters of the Bay of San Francisco, on the West by the Pacific Ocean, and 
on the South by a line drawn from the Bay to the Ocean. This last mentioned 
line is designated the Vallejo line. The City of San Francisco is situated on and 
extends along the East side of the area embraced within these limits, while the 
tract outside of the city boundaries and lying between it and the ocean constitutes 
much the larger portion of the area. The Presidio, to which reference is often 
made in the case, is within the area but without the city limits, and at a consider- 
able distance from the city lines. The ancient Mission of San Francisco de Asis 
or Dolores is not within the area described in the decree of confirmation. 

We all agree that the authority to adjudicate in this case is found in the four- 
teenth section of the Act of March 3d, 1851. The chief clause in that section 
upon which the decree of confirmation must rest, is that which declares that the 
previous provisions shall not apply to any city, town or village lot, which city, 
town or village existed on the seventh day of July, 1846, but the claim for the 
same shall be presented by the corporate authorities of said town, and the exist- 
ence of such city, town or village on the day above mentioned shall be prima facie 
evidence of a grant to such corporation. But to what lands does this right to a 
confirmation extend ? Within what limits or boundaries is the City under this 
enactment entitled to a patent for the land ? 

The decree is based upon the proposition that the lands confirmed were assigned 
to the use of the town under Mexican authority in 1834, with clearly defined 
limits, such as are described in the decree. The result of the investigation of the 
proof in the case, as stated in the opinion of the majority of the Commission, is as 
follows : 

First. — That a Pueblo or Town was established on the site of the present City 
of San Francisco under the Mexican authorities. 

Second. — That the Town so established continued and was in existence as a 
municipal corporation on the seventh of July, 1846. 

Third. — That about the time of its establishment the lands confirmed were duly 
assigned and laid off in accordance with the laws, usages and customs of the Mex- 
ican nation, for the use of the Town and its inhabitants, and its boundaries deter- 
mined and fixed by the proper officers appointed for that purpose by the Territorial 
Government. 



ADDENDA, NO. LXXXIII. 149 

Fourth. — That these boundaries are the same which are described in document 
marked Exhibit No. 18, Gen. Vallejo's deposition, having the Vallejo line for its 
limits on the South. 

If in my judgment these several propositions were established by the proof, I 
should find no necessity to object to the decree entered in the case, but in my 
opinion, the testimony fails to establish the propositions. 

The establishment of the Pueblo is based on the action of the Territorial Depu- 
tation had at their session of the third November, 1834. At that time the ultimate 
power of establishing Pueblos or Towns as municipal organizations was with the 
Supreme Government. The Territorial Deputation was to take the initiative ; 
their recommendation and action was to be transmitted through the Political Chief 
lo the Supreme Government for the disposition of the latter. It is not alleged that 
any action of the Supreme power was had in the case under consideration, but the 
proceedings of the Territorial Deputation are claimed to have had the effect of 
creating such organization. I shall not stop to inquire whether without the appro- 
bation of the Supreme Government, any action of that body could have that effect, 
but conceding that it could, these proceedings were not such as in my opinion to 
prove the establishment of an organized Pueblo, within the limits defined in the 
decree of confirmation. 

The proof of the establishment of the Pueblo consists chiefly, if not exclusively, 
of the record of the proceedings of the Territorial Deputation on the third Novem- 
ber, 1834 ; the dispatch of Governor Figueroa of the next day, designated as Ex- 
hibit No. 1, annexed to the deposition of M. G. Vallejo, and the document marked 
Exhibit No. 18, known as the Zamorano document. All these are recited in the 
opinion of the majority of the Commission filed in the case. 

From the examination of these documents I am of the opinion that the organi- 
zation, which took place at the Presidio in the fall of 1834, under the action of the 
Territorial Deputation of November 3d, was a temporary organization for the 
government of the entire northern portion of the Territory, and not the establish- 
ment of a municipal organization of a Town within the limits described in the 
decree of confirmation. I do not esteem it necessary here to go into a protracted 
argument on this subject, but the following, among other considerations tending to 
corroborate this view, may be stated : 

First. — The record of the proceedings of the Territorial Deputation, which is 
the basis of the organization whatever was its character, does not establish or direct 
the establishment of a Pueblo or Town, but simply directs that the Partido (dis- 
trict) of San Francisco proceed to the election of a constitutional Ayuntamiento, 
to be established in the Presidio of that name, etc. 

Second. — The Ayuntamiento so to be established, was by the order of the Gov- 
ernor, Figueroa, transmitting a copy of these proceedings, with direction to pro- 
ceed to the election of the proper officers, directly stated to be not the exercise of 
merely municipal jurisdiction, but of political functions ; and that not merely 
within the area now claimed to have been embraced in the Pueblo, but over the 
whole northern portion of California where Gen. Vallejo, the comandante of the 
Presidio, had previously exercised his authority. 

Third.— The testimony of the witnesses shows that in fact the Ayuntamiento did 
exercise its authority, not merely over this limited space, but over a tract of coun- 
try extending many miles South of the present city of San Francisco, and embrac- 



150 ADDENDA, NO. LXXXIII. 

ing a large tract of country on the opposite side of the Bay and almost an indefi- 
nite extent to the north of it. 

It is argued that the existence of an Ayuntamiento necessarily implies the muni- 
cipal organization of a town over which it presides. In the original use of the 
word in ancient Spain, it is probably true that Ayuntamientos existed only in such 
Pueblos or Towns. But the Constitution of 1812 was the commencement of 
important changes in the internal economy of Spain and her provinces, and under 
this and the subsequent laws of 1812 and 1813, and more especially under the 
Mexican law of 1 830, the character of these organizations in Mexico was greatly 
modified. However it might have been before, the powers and jurisdiction of an 
Ayuntamiento might certainly under these embrace larger extents of country, and 
include within their limits many parishes and Pueblos. Their defined duties and 
powers were such as pertained, at least many of them, to the supervision of rural 
districts as well as to towns or cities. "We know, moreover, that the northern por- 
tions of California, with its sparse population, was generally governed by officers 
or tribunals whose duties and powers were anomalous in their character, or enlarged 
to meet the exigencies of the country. Thus, down to the time of the organiza- 
tion of the Ayuntamiento, Gen. Vallejo, the military commandant of the Presidio, 
exercised full civil authority over that immense region of country. And thus Gen. 
Sutter, at a subsequent period, acted as judge of the entire Sacramento District, 
with powers understood to be ample, but which were both extraordinary and unde- 
fined. Wc should not be surprised, therefore, if it should appear that this new 
organization, made to provide for an emergency, should be found to impose on the 
newly established tribunal a different or more enlarged jurisdiction than usually 
appertained to tribunals elsewhere bearing the same name. 

Fourth. — The evidence shows, that at the time the Ayuntamiento was established, 
there was no considerable settlement or Town within the limits specified to require 
a municipal organization, and with the exception of the military forces stationed 
at the Presidio, there were very few inhabitants established there. The first house 
was not built at Yerba Buena until after this period. Nor is it shown that any 
effort was made subsequently to build up a Town, having for its center the Plaza 
of the Presidio, with its streets radiating therefrom in the usual manner of con- 
structing Spanish or Mexican Towns. 

Fifth. — But it is claimed, that notwithstanding the Ayuntamiento was, in the 
proceedings by which it was established, ordered to be elected by the Partido, (Dis- 
trict) and its jurisdiction was, by the dispatch of the Political Chief, declared to be 
political and to extend over this extensive district of country, it still had a special 
municipal jurisdiction confined to the small extent of country embraced within the 
decree, and limited on the South by the Vallejo line, this small area constituting a 
Pueblo. This proposition rests chiefly, if not entirely, on the document marked 
Exhibit No. 18, above mentioned, and the testimony of M. G. Vallejo. The 
importance of this part of the proofs in its bearing on the case, makes it necessary 
to refer to it more at length. The document is copied in extenso in the opinion of 
the majority of the Commission filed in the case. This document purports to be 
an official copy of a dispatch from Governor Pigueroa to Gen. Vallejo, certified as 
a true copy of the original by Zamor#no, who was Secretary of the Government. 
The original is not presented. Vallejo testifies that he received from Governor 
Figueroa in 1834 a document designating the boundaries of the Pueblo of San 
Francisco, and that he deposited it in the Pueblo Archives ; he also swears that 



ADDENDA, NO. LXXXIII. 151 

the copy here presented has been in his possession (with the interval of a short 
time) ever since near the time of its date, November 4th, 1834. As an official 
copy, it derives its force for the purposes of evidence from the authenticity and 
genuineness of the signature of Zamorano, the certifying officer. Gen. Vallejo, 
who was acquainted with Zamorano's handwriting, attests to its genuineness ; but 
the witnesses, Alvarado, Hartnell, Eichardson and Castro, who also well knew it, 
are fully of opinion that the signature was not made by him. Vallejo does not 
claim to have seen Zamorano sign his name to the certificate ; like the other wit- 
nesses, he judges it to be genuine only from his knowledge of his handwriting. 
Every other witness who is questioned on the subject believes it not to be Zamora- 
no's signature. The weight of evidence is decidedly against the genuineness of it, 
and I am compelled therefore to regard the document as not entitled to credit as a 
certified copy. 

But it is claimed that, whether this certificate of Zamorano's be genuine or a 
forgery, the testimony of Gen. Vallejo proves that he received an original com- 
munication, and that this is a true copy thereof. If such a document was received 
by the witness as is lost, so that its production cannot be obtained, recourse should 
be had to the archives where it is presumed a copy may be procured. The proof 
of this as a copy is most unsatisfactory in its character. On the first examination 
of the witness, a paper similar in its contents to Exhibit No. 18 was exhibited by 
the claimant's counsel to him, and he was asked whether to the best of his knowl- 
edge and belief it was a true copy of the original received by him, and he replied 
that according to his best recollection it was a copy. 

This method of making proof of the contents of a lost document by presenting 
a paper already prepared by the parties taking the testimony, and requiring his 
simple affirmative answer to the question whether it is a copy, is sustained by no 
authority of law, and if it had been objected to by the counsel for the Govern- 
ment, would for this reason be rejected. 

The memory of the witness should have been taxed for his recollection of its 
contents, and they should have been stated by him instead of being prepared and 
presented for his simple yes or no by an interested party ; no objection, however, 
was made. 

The witness produced, on a subsequent examination, the document marked Ex- 
hibit No. 18, and testified that he believed it to be a true copy of the original 
received by him, and which he delivered to the Alcalde of the Pueblo. When 
this paper, known as the Zamorano document, was obtained by the witness origi- 
nally, or by whom it was prepared, or for what purpose it was placed in his hands, 
does not appear. It is scarcely probable that he procured it while the original 
was still in his possession. He states that the original was delivered up by him to 
the Alcalde with the other archives of the Pueblo, and as his connection with it 
ceased immediately after the organization of the Ayuntamiento, we may reasona- 
bly conclude that this must have been early in 1835. He does not state that he 
ever compared this alleged copy with the original, or that he examined or read it 
while the recollection of the original was fresh in his mind, and that he now was 
able to remember that he then recognized it as a copy. He regarded this as an 
authentic copy under the genuine signature of Zamorano, the Secretary. 

The testimony, in my opinion, shows that it is not so ; and if any of his impres- 
sions of the contents of the original were derived from an examination of this doc- 
ument under the belief that it was genuine, they were derived from a source not 



152 ADDENDA, NO. LXXXIII. 

legitimate and calculated to mislead. The rule of law is well settled, that a wit- 
ness testifying to the contents of a lost document, must state the fact from his 
recollection of what the original contained. Memoranda made by him contempo- 
raneously with his examination of the original may be used with propriety to refresh 
his memory ; but even then, after examining them he must testify only from his 
recollection of the original. In this case neither one of these alleged copies was 
made by the witness, neither compared by him with the original, neither obtained 
from a source entitling to any special authenticity or authority. The evidence 
that they are copies of the paper received by him from Figueroa rests then entirely 
on the memory of General Vallcjo of the contents of the original ; more than 
eighteen years must have elapsed after it left his hands before his testimony was 
given, a length of time sufficient to tax the most retentive memory as to the con- 
tents of a paper, and to invite the most careful scrutiny into its correctness. 

We shall here test the accuracy of this testimony by first stating what is the 
purport of this document, if it be a true copy of an original sent to Gen. Vallcjo ; 
and secondly, by inquiring whether, in the light of the other testimony in the case, 
such a document could have been transmitted by the Governor for the purpose 
indicated. The dispatch is presented as evidence of two facts : first, that the 
organization of the Ayuutamiento was the establishment of a municipal corporation 
or Pueblo ; and secondly, that the lines designated therein and previously recom- 
mended by Gen. Vallcjo were adopted by the Deputation as the boundary lines of 
the Pueblo. Gov. Figueroa had not the power to establish a Pueblo, or to fix the 
powers thereof, or to make an assignment of land for its public uses. His decree 
to that effect would be of no authority. The Deputation alone had the power to 
take the initiative on this subject. The document does not declare that the Politi- 
cal Chief thus decrees, but merely certifies on this subject that the Deputation had 
adopted the plan recommended by Vallcjo, and had fixed the boundaries of the 
Pueblo as described therein, making the Vallejo line the southern limit. If this 
line was thus established, it was by action of the Deputation, and the communica- 
tion of Figueroa was valuable only as evidence of the action of that body. If the 
original, signed by Figueroa was produced, it might be prima facie proof that such 
proceedings were had ; but as it is lost the party must proceed with the proof of 
the facts as the rules of law require. The rule is that the best evidence of which 
the nature of the case admits shall be adduced. Here the nature of the case points 
out at once better evidence than the recollection of the witness as to the facts 
alleged to have been stated in the document A copy of the communication of 
the Governor from the Archives, if it could be found there, might be produced ; if 
not found, the records of the Territorial Deputation, which must'eonstitute the best 
evidence of these proceedings if they were to be had, should be produced by the 
claimant. But there is evidence given in the case upon the part of the Govern- 
ment which will enable us more certainly to solve the question whether the Ter- 
ritorial Deputation did in fact take action establishing the lines indicated as and 
for the boundaries of a Pueblo. The recorded journal of the proceedings of the 
Deputation, during the session when this action is alleged to have been had, is 
given in evidence, and shows no such action by that body. Jose Castro swears, 
that he was the presiding officer of the Deputation during the session of 1834, and 
on examining Exhibit No. 18 says, that no such plan as this was ever presented 
to the Deputation, nor acted upon by that body. The witness, Governor Alvarado, 
who was a member of the same Deputation, knows nothing of the establishing of 



ADDENDA, NO. LXXXIII. 153 

such boundaries. At the Surveyor-General's office an examination has been made 
for a record or memorandum of such a dispatch from Figueroa, but nothing of 
the kind is found ; a copy of the letter from the Governor to Gen. Vallejo, dated 
May 36th, 1834, is there, but none of a later date in that year appears. Francisco 
Sanchez, who was Secretary of the Ayuntamiento for nearly three years, and as 
such in connection with the Alcalde had charge of the archives in which Vallejo 
testifies the original communication received from Figueroa was deposited, swears 
that he saw among them no papers defining or assigning such boundaries. 

As to the existence of such a line and the knowledge of it by the inhabitants, 
one witness, Julius K. Kose, swears that Guerrero, the Alcalde, pointed out to him 
this line in 1850, as the line of the Pueblo ; and another, Ford, states that in 1844 
a line nearly identical with it was described to him by Alcalde Hinckley as mark- 
ing such limits. Another witness, Pickett, testifies, that in 1846 Guerrero con- 
curred with the other old inhabitants in declaring that there was no Pueblo in 
existence here ; and another, Davis, says that Hinckley, he thinks, with others, 
designated very different boundaries. These heresay statements, coming from two 
witnesses who are not shown to have had any special knowledge on the subject 
even, if not weakened by their own contradictory statements, would not avail to 
establish such a line. The general scope of the evidence in the case is not such as 
to indicate that any such line was known or recognized among those most likely 
to be cognizant of it. If it was officially established as a demarcation of such 
boundary, that general notoriety which would seem to be an unavoidable necessity, 
if such a demarcation was made for so public a purpose, is not shown to have 
existed. It has been truly said, that independent of anything contained in this 
document, General Vallejo swears that he marked out and established the 
Vallejo line as one of the boundaries of the Pueblo, and that he sent an expedi- 
ente thereof to Monterey. This marking of the line was before the alleged 
action of the deputation by which it was said to be established. But the act of 
General Vallejo could not establish a Pueblo or mark its boundaries, or assign to 
it lands within any limits or for any purpose. These must depend on the action 
of the Territorial Deputation for even the initiative. Whatever may have been 
his action or the design of his acts, without the sanction of the Deputation no 
rights could devolve upon the municipal authorities or others by virtue of them. 

It is not the question whether Vallejo ran and established a line which he desig- 
nated as the limits of a future Town, or whether he recommended the establish- 
ment of a municipal organization within the limits of his demarcation. All this 
might be, and yet without proof of the official action to the same effect of the pub- 
lic authorities, the Deputation taking the initiative, no town could be alleged to 
have been established. It will not escape observation that the document No. 18 
is dated on the same day as that marked No. 1. Both are addressed to the same 
person : both relate to the establishment of an Ayuntamiento by the Territorial 
Deputation, to be organized at San Francisco, and if both be genuine, were 
undoubtedly transmitted together. The first is admitted to be genuine, and the 
proceedings of the Deputation, recited in it, are found in the records of that body. 
If the action of the Deputation which is stated in the latter actually took place, 
it must have been at the same session which was being held at the time of its date. 
This action is so different in its character from that referred to in the first docu- 
ment and found in the recorded proceedings, that it cannot be the same. Were 
two resolutions passed by the Deputation at the same time ? Were two Ayunta- 



154 ADDENDA, NO. LXXXIIL 

mientos to be established by General Vallejo, one with a jurisdiction broad as the 
limits of the partido, and the other confined to the small limits indicated by the 
Vallejo line and the waters of the bay and ocean 1 Or was a smaller jurisdiction 
carved out of the larger, with special powers or rights limited to the boundaries of 
the latter, though presided over by the same Ayuntamiento ? Did Governor Figue- 
roa send two such documents, of the same date, to General Vallejo 1 It would 
require direct and unequivocal evidence to convince my mind against the record of 
the Deputation, and the other evidence in the case, that such was the fact. In my 
opinion, these considerations, and the fact that no such boundaries were subse- 
quently recognized for any particular purpose, to which I shall again refer in this 
opinion, brings my mind irresistibly to the conclusion that the Territorial Deputa- 
tion passed no resolutions establishing the Vallejo line or organizing a munici- 
pality limited by it on the south ; that their only action on the subject is that 
found in the resolutions of November 3d, 1834, a copy of which was transmitted 
in Exhibit No. 1, and that the document marked 18 cannot be considered as estab- 
lishing the contrary. There are many circumstances in the case which tend to 
show how the mind of the witness may have been led to the belief that the Zamo- 
rano document was a true copy of an original received by him. We need impute 
no improper motive or attempt to misrepresent on his part, in coming to the con- 
clusion that these proofs to the contrary far outweigh the testimony, which is 
based on the mere recollection of the most respectable witness as to the contents of 
a document which he has not seen for eighteen years. "My experience has 
taught me," said Lord Tentcrdcn, " the extreme danger of relying upon the recol- 
lection of witnesses, however honest, as to the contents of written instruments; 
they may be so easily mistaken that I think the purposes of justice require the 
strict enforcement of the rule." 

Sixth. — The boundaries described are represented in the document No. 18 as 
the boundaries of the Pueblo, and both by the description therein given and by 
the testimony of Vallejo, they are represented as the jurisdictional limits of the 
authorities thereof. The witness declares that the jurisdiction of the Ayunta- 
miento extended only to these limits. But it seems to me that the accumulated 
evidence in the case shows beyond controversy that these lines were not the limits 
of the authority of the Ayuntamiento. The history of the organization and pro- 
ceedings of that body shows that it could not have been so. The voters of the 
first election, according to the testimony of Sanchez, came from Contra Costa, 
Sanoma, San Rafael, and other places, embraced in a large extent of country, 
and extending far outside these limits. In May, 1835, the inhabitants of the 
ranchos of the east side of San Francisco Bay, applied to the Governor to be 
set off to the jurisdiction of San Jose, representing that they were compelled, in 
order to go to San Francisco, to expose themselves to danger in crossing the bay, 
or to travel some forty leagues by land in order to avoid it ; that they were liable 
to be called to exercise the judicial functions, or to serve as members of the 
Ayuntamiento at the latter place, when they must take up their residence there 
for a year. The application was signed by some residents of Contra Costa. The 
petition was referred to the deputation, and reports were made by the Ayunta- 
mientos of San Jose and San Francisco. The latter resisted the application, and 
no final action appears to have been taken on the subject. Persons living 
outside of these limits not only voted at the several primary elections, but also 
served as electors, and were elected and officiated as officers, constituting the 



ADDENDA, NO. LXXXm. 155 

Ayuntamiento. There was no time during its existence that some of its members 
were not residents of the Mission, which was south of the line said to have lim- 
ited the jurisdiction. By the Constitution of' 1812, the Spanish decrees made 
under it, and the Mexican law of July 12, 1830, which are referred to in express 
terms in the decree of the deputation directing the election of the Ayuntamiento, 
residents within the Pueblo alone were entitled to vote at such elections or to hold 
any of these offices. In 1838 the Ayuntamiento ceased to hold its sessions within 
the limits of the jurisdictional lines, and was established at Mission Dolores. If, 
while it continued within the limits, the municipal elections were held and offices 
filled by persons living without them, the more singular fact was subsequently 
presented of a municipal government organized without its jurisdictional limits 
and governing it like a foreign territory. This could not be so under the Mex- 
ican law, and whatever jurisdiction that might be, it was surely commensurate in 
its territorial extent with that wide district within which both its electors and 
elected resided. Nor is there evidence to show that there was any difference in 
the character of the jurisdiction of the Ayuntamiento depending on the alleged 
lines of demarcation, or that it was more perfect or extensive on the north side of 
the Vallejo line than on the south. Nor when other officers succeeded to the 
Ayuntamiento was any such distinction recognized. Nor in the granting of lots 
for settlement by the local authorities under the sanction of the Governor, does 
any distinction appear to have obtained between the land on the north and the 
south side of said line, the same Justices make concessions indiscriminately on 
both sides. 

But if these lines were established as the jurisdictional lines of a Pueblo ad- 
mitted to exist within their limits, it would not in my judgment entitle the city to 
a confirmation of the land as defined by them. No authority of Spanish or Mex- 
ican law concedes to a Town or Pueblo all the land within its jurisdiction. It 
was contemplated under the old Spanish regime, that each should possess certain 
rights in the lands where they were located, but these lands were confined to four 
square leagues, in a specified form and location. Where no special assignment 
was made and this was procured, other defined and established limits were placed 
to the premises which they might enjoy. But the lines described in the decree 
entered in this case are not those defined by law as the four square leagues, and as 
jurisdictional lines merely they could give no right to the Town to the enjoyment 
of the lands within them, and should not be adopted in a decree of confirmation. 

Seventh. — But it has been claimed, and such seems to be the opinion of my 
associates, that the lines described by Vallejo were not merely the limits of a juris- 
diction, but that they designated lands for the use of the municipality, and that 
the premises within them were thus assigned to the Pueblo for its public uses. 
There certainly is no evidence in the papers, or in the testimony, tending to show that 
any assignment of common lands was made by Vallejo or any one else. This is 
not the character which that witness gives to the act of marking the lines of which 
he speaks. If any doubt on this subject could exist, it must be put at rest by 
reference to the official action of the Territorial Government which is proved in 
the case, on the subject of assigning such lands to the several Towns in California 
had subsequent to these proceedings. At the opening of the session of the De- 
partmental Assembly on the sixteenth day of February, 1840, the following 
explicit language is used in the message of the Governor to that body on the 
condition of the department, while speaking in reference to the towns therein : 



II 



156 ADDENDA, NO. LXXXIII. 

" None of said Towns, with the exception of Monterey, has its commons and 
landed property (ejidos y propios) marked out, which to each of the municipalities 
should be fixed in order to know its legal property (fundo legal), for which reason 
the Government in making concessions of land in the vicinity thereof, granted 
the same temporarily, waiting for such a regulation, and regarding the same sub- 
jects proper reports have been repeatedly asked. Your Honorable Board, however, 
in view of all this, exercising the power conferred upon you in Part 1 of the 
Article 45 of the above mentioned law, (that of March 20, 1837) and in concert 
with the Government, will arrange what may be deemed proper." Here is an 
explicit and official statement that in 1840 none of the Pueblos or Towns of Cal- 
ifornia, excepting the Capital City, had had any lands assigned to them for their 
public uses. Six years before, a plan had been promulgated by Governor 
Figueroa in which the municipal authorities were enjoined to proceed and obtain 
such assignment, but evidence is scattered every where throughout the records of 
the department which shows that up to the time of the conquest no such assign- 
ment was in fact made to any of the Towns. That the locality of the present 
city of San Francisco formed no exception to this statement, is also directly 
established in my opinion by the proofs in the case. The lands within the 
alleged limits continued to be treated as other portions of the national domain. 
The Governor continued to make grants within its boundaries down almost to the 
raising of the American flag, in larger parcels as well as in small lots. It is 
true, the local authorities made small grants, or rather gave possession of small 
lots to individuals in the vicinity of the Mission and also at Yerba Buena, but the 
authority under which they were made and the conditions attached to them are 
such as to indicate not a claim of ownership, or a right of use, or disposition in 
any Town or corporation, but the land was still unembarrassed by any such assign- 
ment or concession. We have before us the evidence of the authority under 
which the local authority disposed of lots. We have also evidence of specific 
grants issued by the Ayuntamiento during its existence, and a certified copy from 
the Recorder's office of a book purporting to be a record of all the grants issued 
for such lots after that body ceased to exist in 1838. Two grants only are proved 
to be made by the Ayuntamiento; one for Jacob P. Leese and the other to Wm. 
A. Richardson, and both of these are proved by the testimony of said Leese to 
have been granted by an express decree of the Governor, whose order to that effect 
was brought by him to the Ayuntamiento. The record of subsequent grants 
above mentioned shows only two concessions of lots in 1839. In 1840, seven — 
three declared to be under the decree of the Governor, and the others by the 
Justices of the Peace. In 1841, two grants were made by the lustice, one of 
which recites that the grantee had the Governor's decree for a fifty-vara lot, and 
the Justice concedes another lot adjoining it. In 1842, two entries only are 
made, one of which is stated to be under a grant from the Prefect, the other 
under the superior decree of the Governor. In 1843, seven grants were made; in 
1844, thirteen, and in 1846, seventeen. Two of these are by Governor Pico, the 
others in the usual form of Justices' grants. Most of these grants are of lots in 
Yerba Buena, but some are at the Mission Dolores. 

A dispatch from San Jose Castro, acting Governor, is presented, certifying that 
the Territorial Deputation in session of twenty-second of September, 1835, 
approved that the Ayuntamiento grant lots (solares) not exceeding one hundred 
varas, in the place named Yerba Buena, " paying to the Ayuntamiento the fees 



ADDENDA, NO. LXXXIII. 157 

(canon) which may be designated to him as pertaining to the propios," etc. In the 
book of record above mentioned is found authority under which the grants were 
made after the establishment of the office of Prefect and Justices of the Peace 
under the law of March 20, 1837. It is there shown that after his installation, 
the Prefect received a note from the Departmental Government wherein the Gov- 
ernment concedes that building lots in the Establishment of Dolores may be 
granted to severals. Information of this order appears to have been received by 
Francisco Guerrero, the Justice at that place, as early as the first of June, 1839, 
and on that day the draught of a form for putting individuals in possession of 
lots was prepared by him, entered of record and forwarded to the Prefect. The 
written decree of the Government, authorizing it, seems not to have been in 
possession of Guerrero at that time, and the record shows that he subsequently 
applied for and obtained a copy of it; and in making a concession under it on 
the eighteenth of November, 1840, a new form was adopted by the Justice, making 
express reference to this authority of the Departmental Government under which 
the grants were made. The first subjected the grantee to all police regulations 
which might be established. The second contained the additional condition that 
the grantee should " be subject to pay such tax as he may be liable to according 
to the edict on the subject in case it may be so determined by the Government — 
the same having been already consulted." All the grants made by the Justices, 
with perhaps a single exception, were made in the manner above specified and 
under the express condition that they should thereafter be subject to the proper 
tax if the lands should subsequently be assigned for municipal uses. The 
authority to the Ayuntamiento and that to the Justices of the Peace, certainly 
imply that the lands had not at their respective dates been dedicated or assigned 
to the particular use of any community or corporation, and it does not purport 
to make such an assignment. It purports nothing more than to authorize the 
local officers for certain purposes and on specified conditions to grant small lots 
on behalf and in the name of the Government, not to concede ownership or even 
usufruct to any officer or community. It was a power which might at any 
moment have been reversed, and whether existing or revoked, the ownership and 
power of disposing of this land as of other portions of the national domains, 
was with the Government. These documents, which are the source of the 
authority under which all the grants (so far as the testimony in this case exhibits 
them) which have ever been made in this locality by the local officers, all 
explicitly show that they were made subject to a tax (carion) for the municipal 
authorities, if in future such authorities should be here established and the land be 
assigned by the Government for common lands or propios, and showing clearly 
that no such disposiiton of them had as yet been made. It is perhaps scarcely 
necessary to add more on this subject. But if it were admitted that the Ayunta- 
miento constituted the municipal government of a Pueblo here established, and 
nothing more, and even that the lands north of the Vallejo line were assigned 
for the use of the municipality in 1834, it would still admit of great doubt, to 
use no stronger term, whether all rights to it had not ceased long before the 
conquest and cession of the country to the United States. The law of August 20, 
1837, changed materially the internal organization, both political and municipal, 
of the department. This law abolished all the Ayuntamientos throughout the 
country, except in the Capital of the department, ports with a population of 
4,000 inhabitants, Towns with 8,000 inhabitants, and those which had Ayunta- 



158 ADDENDA, NO. LXXXIII. 

mientos previous to 180S. Under this law the Ayuntamiento which was organized 
at the Presidio in the beginning of 1835, and which subsequently held its 
sessions at the Mission, ceased to exist, and no other was ever established 
under Mexican authority in its place. Prefects, Sub-Prefects and Justices 
of the Peace were appointed under this law in the districts, the ancient Spanish 
official, the Alcalde, being elected only where the law retained the Ayuntamiento. 
In Towns containing 1,000 inhabitants or more, the Justices of the Peace, subject 
to the supervision of their superior, succeeded to the faculties and obligations of 
the Ayuntamientos which were abolished, except that as to the management of 
municipal funds — they were subject to the direction of the departmental Junta. 
But this locality, including as well the Mission and Yerba Buena as all the land 
on the north side of the Vallejo line, had not that number of inhabitants. The 
law purposely provided for no successor where Ayuntamientos had existed in 
Towns with so few inhabitants — virtually abolished the municipal organization, 
and placed them under the ordinary authorities of the District and Partido where 
they were situated. Whereas, as in this case, no Town de facto existed, and the 
municipal authorities were abolished by law, it would seem that lands assigned 
previously for their use and held by them by no other tenure, would again fall 
within the full control of the nation. And after the interval of some eight 
years from the time of the abolishing of the municipal authority under this law 
and the conquest of the country without municipal successors, it is difficult to 
see how the ownership of this land could be elsewhere at the time of that con- 
quest than in the Mexican nation. I have thus adverted to some of the con" 
siderations growing out of the proofs in the case, which bring my mind to a 
conclusion different from the opinion of my associates. Such a difference never 
occurs without the most profound regret on my part, and a sincere distrust of 
the correctness of my own judgment. 

I do not attempt to discuss the subject in its whole extent, but I deem it my 
duty to advert to some of the reasons upon which my own opinion is founded. 
As a result of the examination, I am of the opinion that no right or title to 
the property embraced within the limits of the Vallejo line on the south and the 
waters of the ocean and bay on the other sides, is proved to have existed in any 
municipal authority, or to have been segregated, assessed, or dedicated for any 
public purpose, to which the present city succeeds under Mexican law, at the time 
of the conquest. There is nothing in the case, therefore, to entitle the claimants 
to the specific portion of land embraced within 'these limits. The city is, never- 
heless, entitled to the presumption of a grant in her favor under the fourteenth 
section of the Act of March 3, 1851. 

In its character this section was intended to be highly beneficial to the cities, 
towns, and villages of California, and must be understood as having reference to 
the particular class of claims for which it provides, and to the state of things in 
reference to its beneficiaries which existed at the time it was passed. Lessee of 
Pollard's Heirs v. Kibbe, 14 Pet. K. 353. It is well known that towns in Cal- 
ifornia which were of little consequence while the Mexican rule continued, had, 
under American domination after the conquest, greatly increased in importance, 
and that San Francisco especially had become a large and populous commercial 
city; it had received a charter from the Legislature of the newly organized State 
of California in 1850, and its limits were well defined by law, and the area 
within its boundaries was laid out and represented on maps and plans as divided 



ADDENDA, NO. LXXXIY. 159 

lots with convenient streets and lanes. Such was its condition when the law of 
March 3d, 1851, was passed, and it was, in my opinion, the object of the statute, 
in view of the condition of things at the time of its date, to confirm to the city 
authorities all the lots within its boundaries. Proof is given of the existence of 
a small town known as Yerba Buena, on the site of the present city, on the seventh 
of July, 1846 ; this was requisite under the law to entitle the present corporation 
to a presumption of a grant, but this being proved, the presumption extends to 
the lots as they existed at the time of the passage of the Act, and was not con- 
fined to the limits of the original Mexican town. It was the American city as it 
existed in 1851, which Congress had in its eye, and not the little germ from 
which it sprung, when it provided for making its corporation the depository of 
the titles to these lands, and this design of quieting the titles by the presumption 
of a grant to the city would fail to be secured, and the manifest object of the law 
be defeated, if all the lots within its chartered limits at the time the Act was 
passed were not embraced in the decree of confirmation. Beyond these limits the 
petitioners have established no rights. The decree, therefore, should, in my 
judgment, be entered in favor of the city for the lots within the corporation limits 
as described and established in the charter of 1850, and no more. 

ALPHEUS FELCH. 



No. LXXXIV. 

UNITED STATES LAND COMMISSION FOR CALIFORNIA. 

DECREE OF CONFIRMATION". — FILED DECEMBER 21 St, 1854. 

THE CITY OF SAN FRANCISCO ) 

versus > No. 280. 

THE UNITED STATES. ) 

In this case, on hearing the proofs and allegations, it is adjudged by the Com- 
mission, that the claim of the petitioner is valid, and it is therefore decreed that 
the same be confirmed. 

The land of which confirmation is made, is that known by the name of the 
Pueblo Lands of San Francisco, and is bounded as follows : Beginning at the 
little cove to the east of the Fort, and running across to the Beach so as to leave 
the Fort and Casamata to the north ; thence running along the Beach to Point 
Lobos on its southern part ; thence a straight line to the summit of the Devisidero, 
continuing said line to the East as far as the Punta del Rincon, including the 
canutales and El Gentil, the said line will terminate within the Bay of the Mission 
of Dolores — the Estuary of which will form a natural boundary between the muni- 
pal jurisdiction of that Pueblo and the said Mission of Dolores ; thence along the 
shore of the Bay of San Francisco, as it existed in the year 1834, to the point of 
beginning. For a more particular description, reference to be had to the copy of 
the order from Governor Jose Figueroa to General Mariana G. Vallejo, dated 
Monterey, November 4th, 1834, marked Exhibit No. 18 to the Deposition of M. 
G. Vallejo, taken in No. 280 H. I. T. and now on file among the papers in the 

case. 

ALPHEUS FELCH, 

R. AUG. THOMPSON, 

S. B. FARWELL. 



160 ADDENDA, NO. LXXXV. 



No. LXXXV. 

EXPEDIENTE OF THE PIKST PRIVATE LAND GRANT IN UPPER 
CALIFORNIA.— 1775. 

Senor Comandante Don Fernando Rivera : — 

I, Manuel Butron, a soldier of the Army, at your feet earnestly supplicate that 
you may be pleased to grant me my discharge, and permit me to remain in this 
Mission, giving me that which His Majesty allows to every settler. 

I would also represent that the Reverend Fathers, Missionaries, in the name of 
the Indians (I being married to Margarita, a daughter of the Mission), have as- 
signed to mc, and to all my descendants, a piece of land pertaining to said Mis- 
sion, of the length and breadth of one hundred and forty varas, in the form of a 
perfect square, where at present I have corn planted, commencing the measure- 
ment at the first corner, and following the sides until the square is completed, under 
the condition of not being able to alienate it from the possession of my said de- 
scendants, or the children of the Mission, to which it must revert, in default of 
heirs, to me or my wife, jointly, or separately, by reason of the death of one of 
the two. 

The Missionary Fathers, in the name of said Indians, likewise agree, that 
you, in the name of the King, our Sovereign, may give me the possession that is 
requisite and necessary. I also hope that you will be pleased to assign me the land 
of the Royal Domain, which, by the order of His Majesty, 1 am entitled to. 

In all of which I hope to receive from you favor and honor, and that God may 
preserve your life many years. Mission of San Carlos, Monterey, November 
12th, 1775. 

At the feet of your Honor. MANUEL BUTRON. 



Monterey, November 21st, 1775 : — Don Fernando Rivera y Moncada, Captain, 
Commandant of this Presidio and that of San Diego, by the authority of His 
Majesty (whom God preserve), and by virtue of the superior orders in my posses- 
sion, for the exercise of my authority, and also for the establishment of a Fort and 
Mission in the Port of San Francisco — 

To whom the foregoing was presented, orders that an official communication in 
relation to the matter, be required from the Reverend Father Junipero Serra, 
President of the Missions. Thus I provided, ordered, and signed, with two wit- 
nesses, with whom I act, to which I attest. 

FERNANDO DE RIVERA Y MONCADA. 
Hermenegttildo Sal. 
Antonio Joseph Patron. 



ADDENDA, NO. LXXXV. 161 

OFFICIAL COMMUNICATION TO SAID FATHEE. 

Most Reverend Father, Friar Junipero Serra : 

My Dear Sir : — I transmit to your Reverence a notice, that Manuel Butron has 
presented me a petition, in which he asks his discharge as a soldier, and the pos- 
session of one hundred and forty varas square of land, which he says your Rever- 
ence assigned to him, in the name of the Indians of that Mission, on account of 
his being married to one of the daughters of said Mission ; and I hope your Rev- 
erence will have the kindness to advise me if such is the fact, so that the necessary 
proceedings may be had. 

I will rejoice to hear of the good health of your Reverence, and placing myself 
at your disposition, I pray that the Lord may preserve your Reverence many years. 

Monterey, November 21st, 1775. 

FERNANDO DE RIVERA Y MONCADA. 

In said Presidio, on the 22d of November, of the year aforesaid, I, the said 
Comandante, having forwarded the foregoing official communication to the Father 
President, he replied to the same in the following tenor : — 

Senor Captain Comandante, Don Fernando Rivera y Moncada : 

My Dear Sir : — In reply to yours of the date of yesterday, the 21st inst., in 
relation to the matter of Manuel Butron, I have to say, that it is true, as he has 
informed you in his petition, that we, the Ministers of this Mission of San Carlos, 
in the name of the natives composing the same, assigned to said Butron, in virtue 
of the right of his wife, Margarita, who is one of the natives of said Mission, one 
hundred and forty varas square of land, on the place at which he has corn planted 
at this time, in order that said family and the descendants thereof may possess the 
same, in accordance with the Royal Orders ; that they shall not be able to sell, 
donate, or alienate the same to others beyond the children or descendants of said 
Mission. Wherefore, so far as we are concerned in the matter, you can, in the 
name of Royal Justice, give the desired possession ; this not to be reckoned or 
included in the allotment of the Royal Domain that the Supreme Authority may 
determine to make to similar families of settlers, among which, to you, and to the 
other Ministers of the King, our Sovereign, we recommend this family, as being 
the first in all these new establishments, which has chosen to become a permanent 
settler of the same ; a circumstance which has also influenced us in assigning him 
a place so commodious and conveniently situated as that which we have allotted 
to him. 

I trust that you may continue in the enjoyment of perfect health, and that you 
will command me in whatever I can serve you. Pray, in the meantime, that God 
may extend to me the blessings of His Divine Grace. 

Mission of San Carlos, November 22d, 1775. 

FRIAR JUNIPERO SERRA. 

And the free consent of the Reverend Fathers Missionaries having been shown, 
I order that the proceedings continue ; thus I provided, ordered, and signed, with 
those of my assistance. 

FERNANDO DE RIVERA Y MONCADA. 

Hermenegttildo Sal. 
Antonio Joseph Patron. 



162 ADDENDA, NO. LXXXVI. 

Monterey, November 27, one thousand seven hundred and seventy-five. — For 
the conclusion of these proceedings, I went to-day to the Mission of Carmelo, and 
with the assistance of the Reverend Father Friar Junipero Serra, President of the 
Missions, and of the interested party, Manuel Butron, the Corporal Hermene- 
guildo Sal, and my own, there were measured the one hundred and forty varas 
square of land, running the lines from north to south, and from east to west, and 
placing a stake at each corner, and the interested party being informed as to the 
manner of establishing his boundaries, I retired ; leaving the said Manuel Butron 
and his wife, Margarita Maria, and their descendants, in Royal and legitimate pos- 
session of the said one hundred and forty varas square of land, in which act I have 
proceeded by virtue of the authority conferred on me on the 17th of August, one thou- 
sand seven hundred and seventy-three, by His Excellency, Senor Don Antonio Bucareli 
y Ursula, Viceroy, Governor and Captain- General of this Kingdom. It being un- 
derstood AS APPLICABLE, NOT ALONE TO THIS CLASS OF PERSONS, BUT ALSO 
to the natives of the country. And not being in possession of a copy of the 
u Recopilacion," I have solicited the Reverend Fathers for the same, to serve me as a 
guide in these matters, but have failed to obtain it. Wherefore I supplicate the 
Senores Justices of His Majesty that may succeed me, that they may hold and 
esteem, in all time, this possession as legitimate and valid, and that they may con- 
sider as expressed all the formalities and requisites that the laws provide. 

And, in order that it may now and forever hereafter have its due validity, rigor, 
and force, I sign it with two witnesses, with whom I act, for want of "Escribano 
Real y Publico," and on this common paper, for want of that which is sealed. 

Which I attest : 
FERNANDO DE RIVERA Y MONCADA. 

Hermeneguildo Sal. 

1 Provincial State Papers, 433. 



No. LXXXVI. 

COPY OF ORIGINAL SPANISH RECORDS OF LAND GRANTS CON- 
TAINED IN A BOOK ENTITLED "BLOTTER OF FRANCISCO 
GUERRERO WHILE ALCALDE AT VARIOUS TIMES, 1839-1843," 
OF RECORD IN THE RECORDER'S OFFICE OF THE COUNTY 
OF SAN FRANCISCO. 

Mat 1st, 1839. 
Book containing the possessions of the building lots of the place "Yerba 
Buena," as directed by the Departmental Government. 

January 1st, 1840. 
It contains those granted in the establishment of Dolores at the instance of the 
Prefect of the District to the Government of the Department, as appears from the 
official note, which is on page second. 

January 1st, 1841. 
It contains the forms on the terms as possession was given to several, as directed 



ADDENDA, NO. LXXXVI. 163 

by /his Justice Court for its safety, in accordance with the laws. I, Francisco 
Guerrero, Justice of the Peace, ordered it decreed and signed, which I attest. 

FRANCISCO GUERRERO. 

Form in the way that possession of the building lots for erecting places of abode, 
has been given to the residents in the jurisdiction of San Francisco de Asis, and 
which is as follows : 

San Francisco, &c, de &c, cfe &c. 

In view of the foregoing petition and superior decree of the Departmental Gov- 
ernment, I, Francisco Guerrero, Justice of the Peace of this Jurisdiction, do hereby 
give to so and so perpetual jurisdiction and lawful possession of a building lot of 
so many varas, under the following conditions : 

1st. That he shall, within the precise term of one year from this date, have 
the said lot fenced and build a house thereon. 

2d. That he shall conform absolutely with the Police regulations established 
and to be established. 

3d. That the non-observance of the 1st Artie shall make the party interested 
forfeit his right to the lot ; and by contravening the second Art le he shall incur 
the penalties that may be inflicted to him according to law. 

And I grant him these presents to answer to him as the regular title of posses- 
sion. Dated as above, the same having been recorded in the proper book of regis- 
try, which I attest — and reported to the Prefect of the 1st June, 1839. 

FRANco GUERRERO. 

LOT 18. 

In the same form as above, possession was given to citizen Juan C. David of 
one building lot of a hundred varas on each side, N. S. E. W., according to the 
superior decree of the Departmental Government, bearing date the 12th day of 
November, 1839. 

LOT No. 7. 

San Francisco, Dec'r 9, 1839. — Franco Guerrero do. do. do., to citizen Jacob P. 
Leese, by a superior decree of the Departm* Government attached to this petition 
a lot of a hundred varas on each side, N. S. E. W. 

San Francisco, Jan'y 15th, 1840. 

He did not pay the fees. 

FRANco GUERRERO. 

LOT 3. 

As represented and admitted in the form as above, and with the foregoing requi- 
sites, a lot of fifty varas on each side, N. S. E. W., was given to citizen Juan An- 
tonio Vallejo. 

San Francisco, June 15, 1840. 

FRANco GUERRERO. 

LOT 50. 
San Francisco, January 15th, 1840. — On this date possession was given to citi- 
zen Juan R. Cooper of a building lot of a hundred varas on each of the four sides, 
as by a decree of the Department 1 Government, preceding to his petition. 

FRANco GUERRERO. 
12* 



164 ADDENDA, NO. LXXXVI. 

LOT 23. 

San Francisco, January 15th, 1840. — On this date possession was given to citi- 
zen Juan Vioget of a building lot for a hundred varas from N. to S. and fifty 
varas from E. to W. by the formation of street as per the plan ; he having an order, 
as per the decree of the Departmental Government, preceding to his application 
for a hundred varas square. 

FRANco GUERRERO. 

Office of the Prefect of the 1st District. 

Receipt Acknowledged. 

The Secretary to the government of this department under date of the 16th 
inst. stated to me the following : 

When Mr. Jose Castro, the Prefect, made a visit to the northern places, he car- 
ried instruction from the government for several matters ; and by those instruc- 
tions he was ordered, that building lots might as well be granted to private indi- 
viduals in the establishment of Dolores ; but that they should not exceed fifty 
varas ; and such was the direction, and now the same is given again, for which 
purpose H. E. has seen the note addressed by this Prefecture to this Secretary on 
the 6th inst. ; and H. E. directed me to state that your Honor may as well warn 
the Justice of the Peace of San Francisco that on making the concession of build- 
ing lots it should be in a passable, orderly manner, and as required by the locality 
of the place, so that the streets and squares to be formed may under a footing have 
proper order."' 

I hereby communicate the same to you for your knowledge and compliance, 
and as the consequence of his communication bearing on this subject. 

God and Liberty. San Juan de Castro, April 23d, 1841. 

JOSE T. CASTRO. 
To the Justice of the Peace of San Francisco. 

LOT 36. 

San Francisoo, August 4th, 1840. 
On this date possession was given to citizen Gregonio Escalante of a building 
lot of fifty varas according to the plan thereof in the same form. 

FRANco GUERRERO. 

LOT 19 and 19|. 

. San Francisco, December 1st, 1839. 
Mr. Guillermo Hinckley was granted a building lot of a hundred varas from N. 
to S., and fifty from E. to W., by the formation of street for a mill and saw-pit, by 
a superior decree of the Departmental Government preceding to his petition, and 
it is as follows : Monterey, November 21st, 1839. While the machine, that the 
party interested in this petition seeks to establish, shall remain thereon, he shall 
be allowed to occupy a hundred vara lot in the place Yerba Buena, and for this 
purpose he shall apply to the Justice of the Peace of San Francisco to make the 
proper measurement ; under the understanding that the moment the said lot be 
not occupied with the said machine it shall remain for the benefit of the nation for 
other useful purposes. Don Manuel Jimeno Casarin, first constitutional member 



ADDENDA, NO. LXXXVI. 165 

of the Honorable Departmental Board of the Californias, in trust of the Govern 
ment of the same thus ordered and signed it, which I attest. 

MANUEL JIMENO. 
Fran co C. Arce, First Clerk. 

Mr. Guillermo Hinckley having appeared in this Justice Court, his application 
was returned to him, after it had been recorded. 
Dated as above. 

FRANco GUERRERO. 

San Francisco, November 18th, 1840. 

As presented and admitted a building lot as solicited for fifty varas is granted 
to the party interested ad perpetuum, under the following conditions : 

1st. That he shall within the precise time of one year from this date, have the 
said lot fenced, and build a house thereon. 

2d. That he shall conform absolutely with the police regulations established 
and to be established ; be subject to pay such tax as he may be liable to according 
to edict on the subject in case it be so determined by the Government. The same 
having been already consulted. 

3d. The non-observance of the first article will cause the party interested to 
forfeit his right to the lot ; and by his contravening the second article he shall 
incur the penalties that may be inflicted according to law. 

And for the purpose of these presents may answer him as the regular title of 
possession as directed by the Departmental Government I grant him the same 
date as above. It having been registered in the proper book of registry. 

Which I attest. 

By virtue of Mr. Jose Castro, the Prefect, having communicated, when he went 
up to the Northern places, to this vicinity, a note from the Departmental Govern- 
ment, wherein the Government concedes that building lots in the establishment of 
Dolores may be granted to several, I solicited a copy of said order from the Pre- 
fect ad interim, Mr. Jose J. Castro, it being the foregoing, and by virtue thereof 
and in the way and form as above stated, possession of a building lot of fifty varas 

was given to citizen Candelario Valencia. 

FRANco GUERRERO. 

San Francisco, November 18th, 1840. 

On the same terms of the above form, possession of fifty varas was given to 

citizen Leandro Galindo in the establishment of Dolores, by a superior order as 

preceding. 

Date as above. 

FRANco GUERRERO. 

San Francisco, November 18th, 1840. 
I, Francisco Guerrero, Justice of the Peace, by virtue of what has been already 
ordered, and in accordance with what has been already established, gave possession 
of a building lot of fifty varas to citizen Filipe Gomez, in the establishment of 
Dolores. The Major-domo and witnesses being present. 

Dated as above. 

FRANco GUERRERO. 



166 ADDENDA, NO. LXXXVI. 

San Francisco, June 28th, 1841. 
I, Francisco Guerrero, Justice of the Peace of the jurisdiction of San Francisco, 
by virtue of the direction of the Superior authority, gave possession of a building 
lot of fifty varas to the citizen Francisco de Haro, and as since the time of the 
late Figueroa, Political Chief and Commanding General of the Department, Mr. 
Ignacio de Valle, being a commissary of the establishment of Dolores, had an 
order to the effect that fifty varas might be granted to him ; and he having verified 
in this Justice's Court the fact of its having been so granted to him, I gave him 
possession of fifty varas more, which from the irregularity of the position of the 
land, could not be a hundred square varas, and it forms a multilateral figure of 
the base of seventy varas and a hundred on the S. N. and W. sides, and the thirty 
varas short were given on the W. side, forming a triangle with the base of one 
of the hundred-vara sides and the perpendicular of thirty varas being closed by 
the hypothenuse ; thus it embraces a hundrcd-vara building lot, and it having 
been measured, the party agreed thereto. Witness — Jesus Noe and Mr. Agustine 
David, the Measurers, the Steward of the establishment, Mr. Tiburcio Vasquez. 

Which I attest. 

FRANco GUERRERO. 

San Francisco, February 28th, 1841. 
Mr. Juan Vioget having appeared in this Justice's Court under my charge, 
applying for a licence to open a billiard house and hotel in the place Yerba Buena, 
the same Avas granted to him ; the party being subject to the payment of the 
taxes established by the edict on the subject. 
Dated as above. 

FRANco GUERRERO. 

Establishment of Dolores, March 8th, 1842. 

In accordance with the superior Decree of the Prefect of the District of the 2d 
March, 1842, which goes with the petition presented to that authority under date 
of the same month, by Mr. F. M. F'co. Guillermo Hinckley, I put in possession 
of a building lot petitioned by the said party this day of the date, giving him for 
his safety a corresponding title of possession. 

Date ut supra. 

LOT 21. 
Establishment of Dolores, March 8th, 1842. 
Mr. George Gullen having petitioned the Prefect of the District in his petition 
of the present year for a building lot of fifty varas in the place Y Bun (Yerba 
Buena) by a decree of that authority of of the said year, the same was granted 
to him ; and according to the direction he was put in possession. Record thereof 
being entered in this book of said grant. 

LOT 20. 
Establishment of Dolores, May 1st, 1842. 
Pedro Sherreback, a native of Denmark and Mexican citizen, having petitioned 
the Supr. Government of the Department for the concession of a 50-vara building 
lot, in the place Yerba Buena. 



ADDENDA, NO. LXXXYI. 167 

In pursuance of the Supr. Decree of the 3d of April of the present year, which 
is attached to his petition, the same was granted to him, and he was put in posses- 
sion thereof, which is recorded this day's date. 

IN THE YEAK 1843. 
LOT 55. 
On of April of the present year, Mr. Vicente Miramontes, was granted a 

building lot 50 varas square in the place Yerba Buena, and he was put in possession 
of the same, exhibiting (giving) to him the correspondent title. 

LOT 31. 
On of April of the present year, Mr. Francisco de Haro, was granted a 

building lot of 50 varas square in the place Yerba Buena ; and he having been put 
in possession, he was exhibited (given) the correspondent title. 

LOT 32. 
On the 15th of December of the present year, Mr. Domingo. Felis, was granted a 
building lot of 50 varas square in the place Yerba Buena ; and having been put in 
possession of the same, he was exhibited (given) the correspondent title. 

LOT 51. 

On the 14th of December of the present year, Mr. Jesus Noe, was granted a build- 
ing lot of fifty varas square in the place Yerba Buena ; and having been put in pos- 
session of the same, he was given the correspondent title. No. as stated in the 
margin. 

LOT 33. 

On the 15th of April of the present year, Juan Bautista was granted a building 
lot of fifty varas square in the place of Yerba Buena ; and having been put in pos- 
session of the same, the correspondent title was exhibited (given) to him. 

LOT 4. 

On the 15th of November, Francisco Guerrero was granted a building lot of fifty 
varas square in the place Yerba Buena ; and having been put in possession, the 
correspondent title was issued to him, it being No. 4, in the plan of Yerba Buena. 

IN THE YEAR 1844. 

No. 26. • 

On the 4th day of March, Mr. Carlos W. Hugge was granted a building lot, No. 
26, in Yerba Buena, of fifty varas square ; and at the same time possession was 
given him, and the correspondent title issued. 

No. 139. 
On the 12th day of July, Mr. Roberto Ridley was granted a building lot, No. 139, 
on the plan of Yerba Buena, of fifty varas square ; and at the same time possession 
was given him, and the correspondent title issued to him. 

No. 138. 
On the 12th day of July, James R, Berry was granted a building lot, No. 138 in 



v 



168 ADDENDA, NO. LXXXVI. 

the plan of Yerba Buena, of fifty varas square ; and at the same time possession 
was given to his agent, and the correspondent title issued to him. 

No. 17. 
On the 19th day of July, Benito Dias and Juan Prado were granted a building 
lot, No. 1*7 in the plan of Yerba Buena, of fifty varas square ; and at the same time 
possession was given and the correspondent title issued to him (them). 

No. f. 
On the 13th day of November, Carlos Glien was granted a building lot, No. 7 in 
the plan of Yerba Buena, of fifty varas square ; and at the same time possession 
was given him, and the correspondent title issued. 

No. 136. 
On the 1st day of December, Edward J. Bale was granted a building lot, No. 136, 
of fifty varas square ; and at the same time possession was given him, and the cor- 
respondent title issued. 

No. 83. 

On the 15th day of December, Juan Rose was granted a building lot, No. 83, of 
fifty varas square ; and at the same time possession was given him, and a corres- 
pondent title issued. 

No. 84. 

On the 17th day of December, Guillermo Reynolds was granted a building lot, 
No. 84, of fifty varas square ; and at the same time possession was given him, and 
a correspondent title issued. 

No. 37. 

On the 17th day of December, Mrs. Encarnacion Soto de Bernal was granted a 
building lot, No. 37, of fifty varas square ; and at the same time possession given 
her, and a correspondent title issued. 

No. 58. 
On the 21st day of December, Joel P. Dedmund was granted a building lot. No. 
58, of fifty varas square; and at the same time possession given him, and a corres- 
pondent title issued. 

No. 59. 
On the 27th day of December, Guillermo Richardson was granted a building lot, 
No. 5© in the plan of Yerba Buena, of fifty varas square ; and at the same time pos- 
session was given him, and a correspondent title issued. 

No. 104. 
On the 15th day of December, Augustin H. Andrews was given a building lot, 
No. 104 in the plan of Yerba Buena, of fifty varas square ; and at the same time 
possession was given him, and a correspondent title issued. 

No. 134. 
On the 24th day of December, Guillermo Johnson was granted a building lot, No. 
134 in the plan of Yerba Buena, of fifty varas square ; and at the same time pos- 
session was given him, and a correspondent title issued. 



ADDENDA, NO. LXXXYI. 169 

IN THE YEAR 1846. 
No. 27. 
On the 20th day of May, Mr. Guillermo Yncley was granted a building lot, No. 27 
on the plan of Yerba Buena, of fifty varas square ; and at the same time possession 
was given him, and a correspondent title thereto issued. 

No. 190. 
On the 30th day of May, Leandro Galindo was granted a building lot, which is 
numbered 190 in the plan; and it lies in front of the house of Charles Clien, of 
fifty varas square ; and at the same time correspondent title issued. 

No. 140. 
On the 22d of May, 1849, A. Green was granted a building lot of fifty 

varas square ; and the correspondent title of adjudication having been given him, 
the said grant was recorded in this book, this day's date ; the lot being No. put on 
the Margin. 

No. 191. 

On the 25th of May, of the present year of 1846, Hensley was granted 

a building lot of fifty varas square ; and a correspondent title of adjudication hav- 
ing been issued to him, said concession was entered in this book, this day's date ; 
the number of the lot being noted on the margin. 

No. 8. 

On the 28th of May, 1846, Reading was granted a building lot of fifty 

varas square, No. 8 ; and the correspondent title having been issued to him, this 
concession was entered in this book, this day's date. 

No. 54. 
On the 15th day of December, 1843, Citizen Trinidad Mayo was granted a build- 
ing lot, No. 54, of fifty varas square ; and a corresponding title being issued to him, 
this grant was recorded in this book, this day's date, in Yerba Buena, given by 
Francisco Sanchez. 

No. 22. 
On the 14th of May, a lot of fifty square varas was granted to Don Enrique Ficho, 
with the number expressed in the margin of the corresponding title. 

No. 573. 
On the 19th of June, 1846, a lot of fifty square varas (varas cuadradas), in front 
of the house of Mr. Ridley, was granted to Don Dionisio Garcia ; the corresponding 
title having been issued, record of the said grant is made in the book for a proof in 
all time. 

No. 62. 
On the 19th of June, 1846, a lot of fifty square varas (varas cuadradas) at the 
place of Yerba Buena, was granted to Francisco Hoen, with the number expressed 
in the margin of the corresponding title. 



170 ADDENDA, NO. LXXXVI. 

No. 196. 
On the 18th of June, 1856, a lot of fifty square varas (varas cuadradas) was 
granted to Don Mancientos with the No. 196, as is expressed in the margin, with 
its corresponding title. 

NOE. 
No. 60. 
On the 2d of June, 1846, a lot of fifty square varas (varas cuadradas) was granted 
to Don Juan Ivain with the number expressed in the margin of the corresponding 
title. Possession given at Yerba Buena. 

NOE. 
No. 63. 
On the 19th of June, 1846, a lot of fifty square varas (varas cuadradas) was 
granted to Don Juan Alias, with the No. 63, with its corresponding title. 

NOE. 

Yerba Buena, Jan. 16, 1846. 
Senores Juan Finch and Juan Johnson, having appeared in this Magistracy, so- 
liciting a license for a Bowling- Alley, it was granted to them, they being subject to 
pay that which is established by the Proclamation upon the matter. — date — 

LOT No. 52. Stephen Smith. 

On the 3d of June, 1846, a lot of fifty square varas (varas cuadradas) was granted 
to Don Esteban Smith, with the number expressed in the margin with the corres- 
ponding title and possession. 

MAY, 1846. 
On the 22d of April, of the present year, Don Pio Pico, Most Excellent Governor 
of the Department, by an express title of this date, granted Don Guillermo Leides- 
dorff the ownership of the lot to which he refers in his petition of the 28th March, 
of the present year, which he asked of the sub-Prefecture of the District, whose 
despatch is recorded on the 13th of May, 1846, and I, the first proper Justice of 
the Peace of the jurisdiction signed it. 

J. DE JESUS NOE. 

LOTS NOS. 183 AND 184 ON THE BEACH. 

On the aforesaid same date, the Most Excellent Governor of the Department, by 
a title (despacho) of this date, granted to Diego Alejandro Forbes the ownership of 
fifty square varas (varas cuadradas) on the Beach of the settlement of Yerba Buena, 
and a record thereof is made in this office on the 13th of May, 1846. 

JOSE DE JESUS NOE. 

LOT 189 — HOEN & DOHLING. 
On the 15th of May, 1856, the title of concession of the 10th of September, 
1845, in favor of Francisco Hoen and George Dohling, was returned, the latter 
remaining of no value, and that of the date aforesaid in force embracing the same 
lot ; and a document (title) was delivered to each of the parties newly favored for 
their security and safety, and being recorded, I signed it this day of the date. 

J. DE JESUS NOE. 



ADDENDA, NOS. LXXXVH, LXXXVm. 171 

LOT 195. 

On the 22d of Mar, 1846, a lot of fifty varas square (varas en cuadro) (No. 105) 
was granted to Don Mariano Fernandez, and the corresponding title of grant having 
been extended to him, record thereof is made in the present book the day of the 
date. 

No. 6. 

On the 6th of June, 1846, a lot of fifty square varas (varas cuadradas) (Xo. 6) 
at the place of Yerba Buena, -was granted to Don Jose Maria Santa Maria, and the 
corresponding title having been issued, the said grant is recorded in the present 
book the day of the date. 



No. LXXXYIL 

APPEAL OP THE CITY OP SAN FRANCISCO FROM THE DECREE 
OP THE U. S. LAND COMMISSION CONFIRMING CERTAIN 
PUEBLO LANDS TO SAID CITY. FILED AUGUST 29, 1851. 

No. 427. 

UNITED STATES DISTEICT COrET FOE THE NORTHERN DISTRICT OF CALIFORNIA. 

The City of San Pbancisco, Appellant, ) 

vs. > Transcript, No. 280. 

The United States, Appellees. ) 

The City of San Francisco, by its duly constituted authorities, claiming the 
lands called " Pueblo Lands," or Municipal Lands, lying and situate in the former 
County of San Prancisco, and the present counties of San Francisco and San 
Mateo, hereby gives notice of its intention to prosecute an appeal from the Board 
of Commissioners in the above entitled cause. 

HALLECK, PEACHY & BILLINGS, 

Atty's for Appellant. 



No. LXXXVIII. 

APPEAL OF THE UNITED STATES FROM THE DECREE OF THE 
UNITED STATES LAND COMMISSION CONFIRMING CERTAIN 
PUEBLO LANDS IN SAID CITY. FILED JUNE 2, 1856. 

Office of the Attorney General of the United States, 
Washington, 15th April, 1856. 

[280.] "PUEBLO LANDS." 

CITY OF SAN FRANCISCO, CLAIMANT. 

You will please take notice that in the above case, decided by the Commissioners 



172 ADDENDA, NO. LXXXIX. 

to ascertain and settle private land claims in the State of California in favor of 
the claimant, and a transcript of the proceedings in which was received in this 
office on the 29th day of March, 1856 ; the appeal in the District Court of the 
United States for the Northern District of California will be prosecuted by the 
United States. 



C. CUSHING, 

Attorney General. 



John A. Monroe, Esq., Clerk U. S. D. C. 



No. LXXXIX. 

DISMISSAL BY THE UNITED STATES OF THEIR APPEAL FROM 
THE DECREE OF THE UNITED STATES LAND COMMISSION 
WHICH CONFIRMED CERTAIN PUEBLO LANDS TO SAID 
CITY. FILED MARCH 30, 1857. 

At a stated term of the District Court of the United States of America for the 
Northern District of California, held at the Court Room, in the City of San Fran- 
cisco, on Monday, the thirtieth day of March, in the year of our Lord one thou- 
sand, eight hundred and fifty-seven : 

Present — The Honorable Ogden Hoffman, District Judge. 

The United States ] 

vs. ID. C. 427. 

Mayor and Common Council of the | L. C. 280. 
City of San Francisco. J 

The Attorney General of the United States having given notice that an appeal 
will not be prosecuted in this case, and a stipulation to that effect having been 
entered into by the U. S. Attorney : 

On motion of the District Attorney, it is ordered, adjudged, and decreed, that 
the appeal taken by the United States from the decision of the U. S. Land Com- 
missioners in this case be dismissed, and that claimants have leave to proceed 
under the decree of said Commission heretofore rendered in their favor, as under 
final decree. 

OGDEN HOFFMAN, 

U. S. District Judge. 



ADDENDA, NO. XC. 173 

No. XC. 

DOCUMENT PURPORTING TO BE A GRANT OF LANDS IN SAN 
FRANCISCO, TO JOSE Y LIMANTOUR, BY GOVERNOR MICH- 
ELTORENA, DATED FEB. 27, A.D. 1843. REJECTED BY U. S. 
DISTRICT COURT, AND NO APPEAL TAKEN. (See 1 Hoffman's 
Reports, 389.) 

Grant. 

Seal First, Eight Dollars. 

Legalized temporarily by the Maritime Custom House of the Port of Monterey, 
in the Department of the Californias, for the year one thousand eight hundred 
and forty-three. 

MANUEL MICHELTORENA. MANUEL CASTANARES. 



( Ada. Marita. ) 
\ de Monty- ) 

The citizen Manuel Micheltorena, Brigadier General of the Mexican Army, Adjutant 
General of the Staff of the same, Governor and Commandant General of the 
Department of the Californias. 

April 18th 1853. Whereas, Don Jose Y. Limantour, Captain of the 
The Supreme Provisional French Navy, and a denizen of the Department, has 
Government of the Mexican ^ . , . ,+ „, . , ,. 

Republic in the exercise of the negotiated, in consideration of loans, m merchandise 

^^iffiKeBtlCT taMng and read ^ m0ne ^ which he has made to this Govem - 
into consideration the good ser- ment at different times, to obtain the grant of the 

SSSSr.ffiSS^ la » d c « nt ^ed from the line of the Pueblo de la Yerba 
fies and approves the grant made Buena, distance four hundred varas from the settle- 
based upon the preexisting ™-n- -o- x. 
lawful provisions, and granted m ent house (casa fundadera) of Don William Rich- 

ft^/^w^^t^SLiS "^^ the ^nth-east, beginning on the beach at the 
the property granted of the va- north-east, and following it along its whole edge 
meiV'make / men^wMch (margin), turning round the Point of Rincon to the 
is returned to the party inter- south-east, and following the bay as far as the mouth 
ested. Bocauegra. _■ . . ,,? . . , ,. , 

of the estuary of the Mission, including the deposits 

of salt water, and following the valley ( Canada) to the south-west, where the 
fresh water runs, passing to the north-west side about two hundred varas from the 
Mission, to where it completes two leagues, north-east and south-west to the Rin- 
con, as represented by the plat (diseno) No. 1, which accompanies the Expediente. 
2. Two leagues of land, more or less, beginning on the beach of the " estacado," 
at the ancient anchorage of the Port of San Francisco, below the castle (castilloj, 
following to the south-east, passing the Presidio Cmilitary post), following the road 
of the Mission, on the line to the south-west as far as the beach, which runs to the 
south from the port, taking said beach to the north-west, turning round the Point 
Lobos, and following to the north-east along the whole beach of the castle ( Cas- 
tillo) two hundred varas, and following the beach as far as the "estacado," where 
begins the plat No. 2. Having previously instituted the suitable proceedings and 
investigations, and it resulting from them that the two before-mentioned tracts of 
land are vacant, exercising the authority with which I am invested, in the name of 
the Mexican Nation, I have resolved to make him a complete and absolute grant 



1T4 ADDENDA, NO. XCI. 

of the said two tracts of land, that he may enjoy them in the manner, and when 
it may suit him, delaring them by .these letters, his legal property. In conse- 
quence whereof, he may occupy the two mentioned tracts of land when it may 
most suit him, destining them to such use and culture as may best accommodate 
him. In consequence whereof, I command that the present title, being held for 
firm and valid, a record of the same be made in the office of the Secretary of the 
Dispatch, and that it be delivered to the party interested for his security. 

Given in the town of Los Angeles, the twenty-seventh day of February, one 
thousand eight hundred and forty-three. 

MANUEL MICHELTOKENA. 

No. 548. Land Commission. 



No. XCI. 

DOCUMENT PURPOETING TO BE A GRANT OF THE ISLANDS 
FARALLONES, ALCATRAZ, YERBA BUENA, AND OTHER 
LANDS ADJACENT TO THE CITY OF SAN FRANCISCO, TO 
JOSE Y. LIMANTOUR, BY GOVERNOR MICHELTORENA, DA- 
TED DEC. 16, 1843. REJECTED BY U. S. DISTRICT COURT, 
AND NO APPEAL TAKEN. (See 1 Hoffman's Reports, 389.) 

Grant. 
First Stamp, Eight Dollars. 
Legalized temporarily, by the Collector of the Maritime Custom House of the 
Port of Monterey, in the Department of the Californias, for the year one thousand 
eight hundred and forty-three. 
MICHELTORENA. MANUEL CASTANARES. 



( Ada Marita. ) 
I de Mont3". J 

Citizen Manuel Micheltorena, Brigadier General of the Mexican Army, Adjutant 
General of the Staff of the same, Governor and Commandant General of the 
Department of the Californias. 

Mexico, ) "Whereas, Don Jose Yves Limantour, Captain of 

TheSuprem^P^iVnamov- 1116 French Nav ^ and a denizen of the Department, 
ernment of the Mexican Re- after having paid to the Custom House of Monterey 
public, in the exercise of the . , , , -, ~ -, ... , 

extraordinary powers with considerable sums of money for duties on merchan- 
which it is invested, and taking &[ se w hich he carried on board the brig Ayachucho, 
into consideration the good ser- •, 

vices rendered by the French having lost the greater part of the cargo by ship- 

to^tm«t1ap V p e r S o"f, a he--k,on the point called " Del Key," besides the 

grant made in accordance with loss of the merchandise and the brig, the advanced 

previous lawful provisions by „ . n n , . . , 

the local authority of Califor- payment of the duties, caused by his cargo, has so 

nia, granting the ownership of complicated this unfortunate occurrence, that this 
the vacant lands spoken ofm r . ~ 

this document. Government has thought it expedient to admit the 

Bocaitegka. p r0 p 0Sa i s which he made in his petition, in considera- 



ADDENDA, NO. XCII. 



175 



tion of the services which he has rendered on divers occasions to the Department, 
and being also convinced of the correctness of the facts set forth in the Expedi- 
ente — 

In consequence whereof, in the exercise of the authority vested in me, in the 
name of the Mexican Nation, I grant him, by way of indemnity for the duties 
which he has paid to the Custom House of Monterey, the following tracts of land : 

1. The islands of Farallones, to the south-west of the entrance of the port of 
San Francisco, and distant eighteen miles from the said port. 

2. The island of Alcatraz (Pelican), to the south of the island of Los Angeles. 

3. The island of Yerba Buena, in front of the anchorage of the same name. 

4. The land which is a surplus at the Point Tiburon, which forms the strait of 
the Island of Los Angeles, as represented on the plat which is annexed to the Ex- 
pediente, to the extent of one league, a little more or less. 

He may occupy the said lands, in such manner and at such time as may most 
suit him, and make such use of them as may most accommodate him, they being 
his entire and real property. 

In consequence whereof, I command that the present title, being held for firm 
and valid, a record thereof be made in the office of the Secretary of the Dispatch, 
and that it be delivered to the party interested, for his security. 

Given at Monterey, on the sixteenth day of December, one thousand eight hun- 
dred and forty-three. 

MANUEL MICHELTORENA. 



No. XCII, 



DOCUMENT PURPORTING TO BE A GRANT OF THREE SQUARE 
LEAGUES OF LAND, IN AND ABOUT THE MISSION DOLORES, 
TO PRUDENCIO SANTILLAN, BY GOVERNOR PICO, FEB. 10, 
1846. REJECTED BY THE SUPREME COURT OF THE UNITED 
STATES. (See 23 Howard, 321.) 

GOVERNMENT OF THE DEPARTMENT OF THE CALIFOKNIAS. 

Pio Pico, 1st Member of the Assembly of the Department of the Calif ornias, and com- 
missioned by law for the administration of the Government of the same: 

Whereas, the priest Don Prudencio Santillan has solicited, for his personal ben- 
efit, all the vacant lands acknowledged as belonging to the Mission of Dolores, as 
well as all the houses pertaining to the settlements of said Mission, which are 
abandoned, by virtue of the powers conferred on me in the name of the Mexican 
nation, I have thought proper to grant, and by these presents I do grant, to the 
aforesaid priest, Don Prudencio Santillan, the ownership of all the houses per- 
taining to the settlements which have been and are at present acknowledged as 
belonging to the Mission Dolores, and all the vacant lands which have been and 
are at present acknowledged as belonging to the Mission of Dolores, and under 
the following conditions : 

1st. The grantee shall enjoy freely and exclusively the houses and lands granted 



176 ADDENDA, NO. XCIII. 

to him, but he shall pay, as a compensation for the said grant, all the debts which 
may appear up to the present time against the Mission of Dolores. 

2d. He shall petition the respective judge for the juridical possession, in virtue 
of this despatch, of all the lands and houses granted to him ; and, in the mean- 
time, the possession may serve as legal which he has of said houses and lands in 
his capacity of administrator, appointed as such by the prelate of the Missions of 
the College of our Lady of Guadulupe of Zacatecas, for the temporal matters of 
the said Mission of Dolores. 

3d. The land, of which donation is made, consists of three square leagues 
(tres sitios de Ganado Mayor) more or less. The judge, who shall give the pos- 
session, shall have it measured and fix the boundaries, with the customary land- 
marks; it being understood that said land is bounded on the north by Yerba 
Buena, on the north-west by the Presidio of San Francisco, on the west by lands 
of Don Francisco Haro, and on the south by a portion of the Rancho of the 
Sanchez, and on the east by the Bay of San Francisco. 

4th. The grantee, and in his default his heirs and successors, shall respect the 
property which some persons possess in virtue of good titles, as well of the lands 
as of the houses of the settlements comprised within the limits of the Mission of 
Dolores, and which are hereby acknowledged. 

5th. In this grant there are expressly excepted the houses of the priests (casa 
cural) and the church of Dolores, as belonging to the bishopric of this diocese ; 
consequently, I command that the present title, being held as firm and valid, be 
entered in the respective book and be delivered to the party concerned for his 
security and other ends. 

Given in the City of Los Angeles, capital of California, on this common paper, 
there not being any stamped, on the 10th of February, 1846. 

(Signed) PIO PICO. 

Jose Maria Covarrubias, 

Secretary. 



No. XCIII. 

DOCUMENT PURPORTING TO BE A GRANT OF A TRACT OF 
LAND SIX HUNDRED VARAS SQUARE, AT THE MISSION DO- 
LORES, TO JOSE ANDRADE, BY GOVERNOR PICO, MAY 6, 
1846. REJECTED BY U.S. DISTRICT COURT, A.D. 1864., AND 
PENDING ON APPEAL TO SUPREME COURT OF THE U. S. 

[l. s.] Pio Pico, Constitutional Governor of the Department of the Califomias : 

Whereas, Don Jose Andrade, a Mexican, has petitioned, for his personal benefit, 
a tract of land six hundred varas square, in front of the Mission of San Francisco 
de Asis, which embraces from the Huerta to beyond the curtiduria ; the necessary 
proceedings having been had, in the exercise of the powers with which I am vested 
by the Supreme Government, in the name of the Mexican nation, I have concluded 
by a decree of this day to grant him the aforesaid tract of land, hereby declaring 



ADDENDA, NO. XCIV. 177 

unto him the ownership thereof, in conformity with the law of the 18th of August, 
1824, and the regulation of November 21, 1828, subject to the approval of the 
most excellent Departmental Assembly, and under the following conditions : 

1st. He may inclose it without prejudice to the crossings, roads, and servitudes ; 
he shall enjoy it freely and exclusively, appropriating it to the use and cultivation 
he may deem proper. 

2d. He shall solicit of the respective Judge the juridical possession in virtue of 
this title, by which the boundaries shall be marked out with the proper landmarks. 

3d. The land hereby granted is six hundred varas square, and is that which the 
Mission of San Francisco occupied with an orchard and tannery. 

The Judge who shall give him the possession shall cause it to be measured accord- 
ing to ordinance, and with reference to the diseno which the grantee shall furnish. 

Therefore, the present title being held as firm and valid, I order it to be entered 
in the proper book, and that this be delivered to the grantee for his security and 
other purposes. 

Given in the City of Los Angeles, on common paper for the want of stamped, 
on the sixth day of May, one thousand eight hundred and forty-six. 

(Signed) PIO PICO. 

(Signed) Jose Matias Moreno, 

Secretary. 

Entry is made of this superior despacho, in the proper book. 

MORENO. 



No. XCIV. 

REAL INSTRUCCION DE 15 OCTUBRE, DE 1754, — ROYAL INSTRUCTION 
OF OCTOBER 15, 1754. 

EL REY — BY THE KING. 

L Que desde la fecha de esta mi Real resolucion en adelante quede privativa- 
mente al cargo de los Yirreyes y PresMentes de mis Reales Audiencias de aquellos 
Reinos [de los Indios] la facultad de nombrar los Ministros Sebdelegados que deben 
exercer y practicar la venta y composicion da las Tierras y Valdios que me pertene- 
cen en dichos Dominios, expediendoles el Nombramiento 6 Titulo respectivo, con 
copia autentica de esta Instruccion. ***** 

II. Que los Jueces y Ministros en quienes se subdelegue la jurisdiccion para la 
venta y composicion de los Realengos, procederan con suavidad, templanza y moder- 
acion, con Procesos verbales y no judiciales en las que poseyeren los Indios y en 
las demas que hubieren menester, en particular para sus labores, labranza y crianza 
de ganados ; pues por lo tocante a las de Comunidad y las que les estan concedidas 
a sus Pueblos para pastos y Exidos no se ha de hacer novedad, manteniendolos en 
la posesion de ellas, y reintegrandolos en las que se les hubieren userpado, conce- 
diendoles mayor extension en ellas segun la exigencia de la poblacion, no usando 



178 ADDENDA, NO. XCV. 

tampoco de rigor con las que ya poseyeren los Espanoles y gente de otras castras, 
teniendo presente para con linos y otros lo dispuesto por las Leyes 14, 15, 17, 18, 
y 19, Tit. 12 Lib. 4 de la Recopilacion de Indias. Tomo II, page 104, etc. 

[translation.] 

I. From the date of this, my Royal determination, it shall belong to the exclusive 
jurisdiction of the Vice Roys and Presidents of the Audiences of the said Kingdoms 
of the Indies to appoint sub-delegated Ministers for the purpose of selling and set- 
tling the distribution of the lands and vacant tracts which belong to me in those 
dominions ; issuing to them the nomination or title in the respective case, accom- 
panied with an authentic copy of these Instructions. ***** 

II. The Judges and Ministers to whom is sub-delegated the jurisdiction to sell 
the public or Crown Lands, and to compromise claims to the same, shall proceed 
with suavity, kindness and moderation ; preserving written documentary records of 
their transactions, and yet not proceeding judicially in relation to those lands pos- 
sessed by the Indians, and as to those of the remainder of said lands which they 
may need, in particular for their plowed aud cultivated lands, and the raising of 
stock ; and then, as regards the lands held by the Indians in community, and those 
which arc granted to their Pueblos for pastures and suburbs (pastos y egidos), 
there shall be no innovation ; maintaining them in their possession, and restoring 
them in the possession of those which have been usurped from them, and granting 
them a larger extent of such lands according to the exigency of their population ; 
and yet using no rigor withal in regard to those possessed by the Spaniards and 
other classes, and observing what is provided for each class by Laws 14, 15, 17, 18, 
and 19 of Title 12, Book 4 of the Recopilacion of the Indies. 



No. XCV. 

EXPEDIENTE OF PEDRO SHERREBECK FOR EIGHT HUNDRED 
VARAS SQUARE, ON RINCON HILL, IN SAN FRANCISCO, 
NOVEMBER, 1845. 

Senor Prefect of the Second District: 

I, Peter Sherrebeck, a native of Denmark, a citizen of Mexico, and a resident of 
this place, appear before your Honor, and respectfully represent : 

That desiring to devote myself to agricultural pursuits, and also to establish a 
dairy, for which purpose I am in need of a suitable piece of land. 

Praying your Honor, in the exercise of your power, to be pleased to grant me 
the place called " Rincon," which is situated one-fourth of a league southerly from 
this place, containing one-half a league, hounded by the beach and the woods 
(Monte), as explained in the accompanying sketch. 

Wherefore I beseech you to accede to, whereby I shall receive favor, etc. 

Yerba Buena, November 24, 1845. 

(Signed) PEDRO SHERREBECK. 



ADDENDA, NO. XCVI. 179 

Yerba Buena, November 25, 1845. 
The chief local Authority of this place will report whatever he may deem proper 
upon the contents of this petition. 

(Signed) CASTRO. 



Senor Prefect of the Second District: 

In obedience to the superior decree of your Honor, I should report that the land 
which the party in this representation solicited is vacant — that the petitioner pos- 
sesses the necessary qualifications to be favorably considered. Notwithstanding 
this Juzgado is of the opinion that only land upon which to build a house, corral, 
and to plant, can be granted to him, upon which particular your Honor will deter- 
mine whatever you may deem most proper. 

Yerba Buena, November 26, 1845. 

(Signed) J. DE LA C. SANCHEZ. 



In view of the present petition, the report of the Municipal Authority of Yerba 
Buena, and other proceedings had, by virtue of the powers vested in me by the 
law of the twentieth of March, 1857, I grant to Don Pedro Sherrebeck, the owner- 
ship of the place called " Rincon," embraced within the demarcation of Yerba 
Buena, to the extent of eight hundred varas square — he being subject to pay the 
sum that may be assessed to him by the most Excellent Departmental Assembly. 

Let this Expediente be returned to the party interested — that, serving him as a 
title, he may take possession of the said land. 

(Signed) MANUEL CASTRO. 

Note.— This claim is still pending in the District Court. It may he described, in general 
terms, as embracing eight hundred varas square, lying upon the south-western slope of Rin- 
con Hill. 



No. XCVI. 

DOCUMENT PURPORTING TO BE A GRANT OE ONE SQUARE 
LEAGUE OF LAND IN THE VICINITY OF SAN FRANCISCO, 
MADE BY GOVERNOR MICHELTORENA. AND BEARING 
DATE, AUGUST 14th, 1844. 



Government of 
the Department 
of the Californias. 



Manuel Micheltorena, Brigadier- General of the Mexican Army, Adjutant- General 
of the Staff of the same Commandant, Governor and Inspector of the Depart- 
ment of the Californias : 

"Whereas, the citizen Fernando Marchena, having rendered particular services to 

13* 



180 ADDENDA, NO. XCVII. 

the military body under my command, and he being desirous of establishing 
himself in the neighborhood, vacant lands of the Port of San Francisco, and I 
using the faculties on me vested, in the name of the Mexican Nation, I hereby 
grant to him, in compensation of said meritorious services, one league of land, 
with the privilege of choosing as he may best find convenient, in the neighborhood 
of the Port of San Francisco, on the vacant lands, and without molestation to the 
occupants of lands already granted in the town of Yerba Buena, pronouncing it, 
from the moment that he may occupy it, as his legitimate property. 

Let these presents be his compensatory title, and be it firm and of value, and for 
his safeguard and other ends. 

Given at Monterey, in August 14th, 1844. 

MANUEL MICHELTOKENA. 



I hereby certifiy that the within is a true and correct translation of a document 
containing the same in the Spanish language. 

FELIX A. MATHEWS, 
County Interpreter, Contra Costa County, Cal. 

Note.— The archives do not contain any trace of this grant, or of any expediente in the 
matter. 



No. XCVII. 

EXPEDIENTE INSTITUTED BY CITIZEN JOAQUIN PINA, SOLIC- 
ITING THE PLACE NAMED PUNTA DE LOS LOBOS, IN 
THE JURISDICTION OF SAN FRANCISCO, YEAR 1845. 

Serhor Alcalde of San Francisco de Asis : 

Joaquin Pina, Corporal of Artillery of the Line, and stationed in the Port of 
San Francisco for the last twenty-seven years, with due respect and subordination, 
appears and declares : That about the middle of the year of one thousand eight 
hundred and forty-four, he presented to the Superior Government of this De- 
partment a Petition for the purpose of granting to him the place named De los 
Lobos — a place which, for many years, has been vacant ; but as the occurrences 
which have taken place in the Department have not permitted these matters to be 
examined, I see myself compelled to appear, by means of this Petition, for the 
purpose that you may be pleased to make the proper report, whether this land is 
cultivated or is vacant. 

The said land which I solicit has not in its extent, as is manifest, a tillable place. 
All the extent is chamisal (brush) ; but it is added that the whole of my small 
stock of cattle, which I have on it, is used to it for many years ; but there are 
others, as I understand, who solicit the same land against me. I am in the honor- 
able career of service in the army, which disables me, in case this land should be 
occupied by another, to have a place where to put my cattle. 

The land which I solicit runs from west to south, from near Del Castillo (the 
Table-land of the Fort), to Punta de los Lobos (Point Lobos), and from west to 



ADDENDA, NO. XCVII. 181 

east, from the beach of the mouth of the Harbor of San Francisco to the Mountain 
Devisadero, in a straight line to the summit (crest) of the hills and dales to the 
Presidio. 

The Petition addressed, as I have stated, was to the Superior Government, 
through the medium of my Commander, Don Mariano Silva, who assured me that 
it was in the possession of the Secretary of this Government; therefore I respect- 
fully pray you will be pleased to decree in my favor, should you deem it just and 
expedient, for which favor I shall be grateful. Please admit this Petition on com- 
mon, for want of the proper stamped paper. 

San Francisco, March 15, 1845. 

(Signed) JOAQUIN. 



To His Excellency, the Governor: 

Joaquin Pina, a Corporal of Artillery of the Line, and stationed in the Port of 
San Francisco for the last twenty-seven years, who voluntarily comes to aid this 
Department, before Your Excellency, with due subordination, and in the amplest 
form of law, appears, and declares that in the middle part of the year one thousand 
eight hundred and forty-four, through the medium of his Commander, Don Mari- 
ano Silva, he presented to his Excellency, the Commandant General, Don Man- 
uel Micheltorena, a Petition, addressed for the purpose of soliciting the place 
named De los Lobos — a vacant place at the point of San Francisco, but, for the 
occurrences which took place, I know not whether my documents have been 
estrayed ; but seeing that we now enjoy peace, I consider myself compelled to 
present this Petition to your Excellency, with the view that, should you deem my 
request proper, would grant it — alleging in my favor, should it be of any merit, 
that ever since the first of November, one thousand eight hundred and eight, I am 
serving in the honorable career of Arms, and this prompted me not to apply in 
time for some land whereon to place my small stock of cattle, which I have. 

Excellent Sir, the place which I solicit will contain a tract of one sitio de gana- 
da mayor {one league of land), a little more or less. Its boundaries run from north 
to south, from the Mesa del Castillo (the Table-land of the Fort), to the Punta de 
Lobos {Point Lobos), and from west to east, from the beach of the mouth of the 
Harbor to the Mountain Devisadero, the line running to the crest of the hills which 
are at the dales of the Presidio de San Francisco. The small stock of cattle which 
I have is for many years used to it ; but as I know that now after I have petitioned 
for this place, there are others who are solicitous for it, I feel myself under the 
necessity of making this new claim, because I consider myself that if another shall 
take possession of it I shall be absolutely unfortunate with my family, for I find 
no resources where to take and place my property, and much less because I am 
serving in the career of Arms. 

Therefore, I most honorably pray your Excellency to be pleased, as a benign 
act of your heart, to grant my petition, for which mercy and favor I shall be grateful. 

San Francisco, twenty-second August, 1845. 

(Signed) JOAQUIN PINA. 

For want of stamped, this Petition is on common paper. 



Angeles, October 14th, 1845. 
Let it be referred to the Seiior Prefect of the District of Monterey, for the pur- 



182 ADDENDA, NO. XCVII. 

pose of making such report as he may deem necessary after taking information, 
whether the land which is solicited can be granted without prejudice to the bound- 
aries or commons (egidos), which will have to be assigned to the Pueblo of Yerba 
Buena, and upon all that may contribute to enlighten the matter. 

Thereupon, and with the diseno (plat) of the land which is solicited, let it be 
returned to this Government for the proper resolution. 

(Signed) PICO. 



To the Senor Prefect of the Second District of the Alta California : 

Joaquin Pina, a Mexican by birth, Corporal of Artillery of the Line, and a 
resident in this Department for twenty-six years, before you, in the most ample form 
of law, declares, that one year and five months ago, through the medium of 
Senor Commandant of this branch of the Army, Don Mariano Silva, I presented 
to his Excellency, Senor Comandante General, Don Manuel Micheltorena, a 
Petition wherein I solicit that there may be granted to me the place known by 
the name of Chamisal de los Lobos, in the Port of San Francisco. In the month 
of August last past, I made a new petition, and transmitted it to his Excellency 
by Captain Andres Pico, and up to this date I can obtain no decrees on any of my 
my two Petitions — for which reason I newly appear before you, by means of this 
Petition, for the purpose that, should it depend upon your authority, you may deign 
grant me said land, because I have had for many years a small stock of cattle upon 
it, which is used to it — because, in consequence of being in the military service, I 
cannot petition for other lands ; besides being advanced in years prevents me also 
from so doing. 

To all which statements the Captains which I have mentioned can testify that 
they are true — that I made this Petition a long time ago. The tract of land 
which I solicit, has no tillable land, has some water — a lake and a spring of perma- 
nent water. Its bounds are, from north to south, the Mesa del Castillo (the Table- 
land of the Fort), to the Punta de Lobos, and from west to east, from the beach of 
the mouth of the Harbor to the Mountain Devisadero — land which is vacant. 

Therefore I pray Your Honor, that, prompted by a benign heart, you may deign 
to accord my prayer, for which favor and mercy I will be grateful. Be pleased to 
receive this Petition on common, for want of the proper stamped paper in this place 

Sonoma, November 13, 1845. 

(Signed) JOAQUIN PlftA. 



Yerba Buena, November 20, 1845. 
L,et the Senor Sub-Prefect of this District report on the contents of this Petition 
all he may deem expedient. 

(Signed) CASTRO. 



To His Excellency, the Governor : 

The place named Punta de Lobos, which Don Joaquin Pina solicits in this Ex- 
pediente, to the extent of one sitio de ganada mayor (one square league of land), in 
the jurisdiction of San Erancisco, is distant more than one league from the Point 
of Yerba Buena, and if the Superior Government of the Department should grant 
the said sitio to the petitioner, in the opinion of this Prefecture, the settlement of 



ADDENDA, NO. XCVIII. 183 

Yerba Buena would not be prejudiced [endamaged), not even in the case should 
the convenient commons (ejidos) be assigned to it. 

For this reason, and because the said Senor Pina occupied this same land, 
the Prefecture under my charge believes that it is but justice that Your Excellency 
ought to grant said land of Punta de Lobos to him in preference to any other in- 
dividual, for the petitioner is in possession of it, and for the services which he has 
rendered to the nation, sustaining always a good deportment, he is entitled that 
Your Excellency should grant him the small favor which he solicits, that he 
may maintain himself and support his family. 

All of which I have the honor to report to Your Excellency, enclosing at the 
same time the diseno (plat) presented by the party interested, according to the 
decree of Your Excellency of the 14th instant, annexed to this Expediente — that 
in view of the whole, Your Excellency may deign to resolve as it may appear just. 

Yerba Buena, November 22, 1845. 



Yerba Buena, November 26, 1845. 
By virtue of the foregoing decree on the preceding Petition, let the Senor 
Alcalde of this place report the circumstances of the land which the party inter- 
ested solicits upon previous information of all the proceedings he may think proper 
to institute and to state in conformity with the requirements provided by law. 

(Signed) FRANCISCO GUERRERO. 



( Seal 
< Depar 
^ Cali 



— — - — ^ Having seen this Petition, the reports made, with all that has 
tment of C been presented, I grant in ownership to citizen Joaquin Pina the 
place named Punta de los Lobos, to the extent of one sitio de 



ganada mayor (one square league of land), as expressed in this Expediente. Thus I, 
Pio Pico, Governor of the Department of California, have decreed, ordered, and 
signed it in Los Angeles, on the twenty-eighth December of 1845. 

(Signed) PICO. 

Note. — This Espediente is regularly archived up to the final grant, which does not ap- 
pear in the Archives. The claim was never presented for confirmation to any tribunal of 
the United States. It appears to include Mountain Lake and the stream called Lobos 
Creek. 



No. XCYIII. 

ESPEDIENTE OE JACOB P. LEESE AND SALVADOR VALLEJO 
FOR A TRACT OF LAND 200 x 400 VARAS, AT THE LANDING 
PLACE IN YERBA BUENA. DATED MAY21st, 1839. FINALLY 
CONFIRMED AND PATENTED. 

To His Excellency the Governor of Upper California, Don Juan B. Alvarado : 

The undersigned, Jacob P. Leese and Salvador Vallejo, appear before your 
Excellency in due form and represent, that as the scarcity of money in the coun- 



184 ADDENDA, NO. XCVIII. 

try may cause your Excellency to be unable to pay tbe expenses which by your 
order we bare incurred in launches, transportation of troops and mules, and other 
services, even personal, that we have rendered in this place, in Santa Clara, San 
Jose, Sonoma, and San Rafael, in promoting the public tranquility — we having 
thought fit to make a contract with the commandant of Russ, Don Pedro Kosho- 
mettingoff to construct at this place some store-houses and a wharf for his com- 
mercial purposes, and needing two lots for the said houses, we ask your Excellency 
to grant to us two lots of one hundred varas each, one at the point known as the 
landing-place of Yerba Buena — these lots to commence precisely at the point of 
the landing-place on the sea shore, thence in a north course to the little beach, 
which is the front of two hundred varas, and a depth a west course towards the 
hill, of one hundred varas ; we also ask for twenty-five varas in the sea by the 
said point of the landing-place for the construction of the wharf to which we 
make reference. Eor the reasons expressed, we pray your Excellency to grant to 
us the benefit we ask, which will be to us a favor. Excusing us for using com- 
mon, as there is not any sealed paper. 
San Francisco, May 12th, 1839. 

JACOB P. LEESE, 
SALVADOR VALLEJO. 



[l.s.] Monterey, 21st May, 1839. 

The two lots of one hundred varas each, one, in the place and terms manifested 
by them, are granted to the interested parties, Don Jacob Luis Leese and Don 
Salvador Vallejo, for them to build their store-houses, upon the conditions which 
will be explained. But, by this cession the commandant of the Presidio de Ros 
cannot have any right to the land that is ceded, Avhich must be considered as the 
property of Mexicans, as the aforesaid interested parties are. 

1st. In no time, nor any pretext whatever, shall the commandant of Ros, be- 
lieve himself to be the proprietor of the store-houses, but all the buildings that shall 
be erected must be considered as the property of a Mexican citizen. 

2d. This license does not annul, nor has it any manner of effect repugnant to, 
the laws or the decrees of the National Government, or of this department, with 
respect to the trade or privilege which the Russians mayor may not enjoy in future 
on their arrival at the port of San Francisco with commercial views, since the par- 
ticular contract does not authorize any duty of any kind whatever, either to the 
person interested in it, or in the aforesaid trade. 

3d. The wharf which it is proper to build shall not be exclusively for the ben- 
efit of individuals, but shall be regarded as property of the Government, for the 
use of commerce in general. The Government itself shall impose such wharf du- 
ties as it shall see fit. 

4th. If the grantees shall contravene these provisions, they shall lose their 
rights, as well in the buildings as in the lots which have been adjudged to them, 
and they shall remain for the benefit of the native citizens, for such use as it shall 
be fit to make of them. 

His Excellency, Don Juan B. Alvarado, Governor of the Department of Califor- 
nia, ordered that this decree should be delivered to the persons interested, to serve 
them as a title, and that notice of the same be taken in the proper book. 

JUAN B. ALYARADO. 
Man'l Jimeno, Sec'y. 



ADDENDA, NO. XCIX. 185 

A notice of the same has been taken in the office in my charge, at page 7, of the 
proper book. 
Monterey, 21st May, 1839. 

JIMENO. 

Note.— This land is described in the petition to the Honorable Board of Commissioners, 
on behalf of the United States, by Jacob P. Leese and Salvador Vallejo, who claim a lot 
of land in the City and County of San Francisco, State of California, in form of a paral- 
lelogram, one hundred varas wide, and two hundred varas long; boundaries as follows : 

" Commencing at a point on the north side of the street known as Broadway, one hund- 
red and sixty-two feet and seven inches easterly from the north-eastern corner of Broadway 
and Battery streets ; running thence in a northerly and westerly direction two hundred 
varas, to a point formerly the shore of the Bay of San Francisco ; thence, at a right angle, 
westwardly and southwardly one hundred varas ; thence, at a right angle, southwardly and 
eastwardly, two hundred varas; and thence, at a right angle, eastwardly and northwardly 
one hundred varas, to the point of beginning," and has been patented with that descrip- 
tion. As pertaining to the history of this grant, see Leese vs. Clark, 20 California Keports, 
387; the Same vs. The Same, 18 California Reports, 535; also 1 Hoffman's Reports, Appen- 
dix, No. 74. 



No. XCIX. 

RECORD OF THE PROCEEDINGS INSTITUTED BY THE CITIZEN 
JOSE DE JESUS NOE, CLAIMING A SMALL TRACT OF LAND 
CALLED "LAS CAMARITAS/' SITUATE IN SAN FRANCISCO. 

A.D. 1840. 
To the Prefect of the First District : 

San Juan de Castro, \ Sir — Jose de Jesus Noe, a Mexican by birth, and a 

Nov. 23, 1839. y citizen of the Sixth District of San Francisco, before 

The Justice of the Peace of San Your Honor, with all due submission, appears, and 

Francisco will report upon the Th ^. ^ d from h R ^ 

matter referred to in this Peti- J > s> s> 

tion. of " Las Pulgas," where he and his family now reside, 

Castro. a pi ace ver y re ti r ed in itself, and where they may be 
exposed to some mishap, as it is quite isolated, he solicits from Your Honor the 
grant of the " Camaritas," which is near to the Creek and Landing of the ex-Mis- 
sion of San Francisco. This place lies in the Willow Grove, and is three hundred 
yards in length from north to south — a little more or less — and two hundred yards 
wide. This he asks for, that he may erect a house thereon, and cultivate some 
vegetable gardens for the support of his family. 

Wherefore, the undersigned respectfully begs Your Honor, and accompanies 
herewith a Plan (Sketch) of the same for your information ; and in which he hopes 
for favor and mercy — making oath that in it there is no malice, and to all the 
necessary forms of law, etc. This petition is not made upon stamped naper, because 
none can be obtained. 

San Franco October 3d, 1839. 

J. DE JESUS NOE. 



186 ADDENDA, NO. XCIX. 

To His Honor, t\e Prefect: 

In compliance with the marginal decree of Your Honor, I have the honor to 
state that the party making this Petition possesses all the legal requisites to be 
favorably received : that the small piece of land which is solicited by him can be 
granted to him, inasmuch as the same is vacant, and that the confirming of this 
favor will be the means of bettering the condition of a poor, numerous family. 

San Francisco, November 24th, 1839. 

FRANCO GUERRERO. 



San Juan de Castro, December 7th, 1839. 
Let this Petition, with the information relative to the same, be referred to His 
Excellency, the Governor of the Department. 

CASTRO. 



To His Excellency, the Governor: 

Sir — The land solicited by the party interested is situated within the Settlement 
of "Dolores," and the said estate docs not need it; neither is it of any use what- 
ever to it. The petitioner is an honest man, having a large family, and is now in 
the most indigent circumstances; and, in consideration thereof, this Prefecture 
requests Your Excellency to be pleased to give the most favorable hearing to this 
Petition. 

San Juan, December 8th, 1839. 

JOSE CASTRO. 



Monterey, December 22d, 1839. 
Let this Petition be transferred to the Justice of the Peace of San Francisco, in 
order that he may adjudicate to the interested party the number of varas of land 
in the terms and manner provided for on the twenty-eighth of November last past, 
after which he may enjoy such advantages as he shall be entitled to by his rights 
of residence. 

ALVARADO. 

Furthermore: Let another Petition be presented to the Superintendent of the 
Settlement of " Dolores," who, if he has no objection to it, can permit Don de 
Jesus Noe to occupy the land as specified in the Sketch which accompanies his 
Petition, and to make such improvements therein as he wishes. 

ALVARADO. 



In compliance with the foregoing Decree, the Superintendent of the ex-Mission 
of San Francisco states : that there is no impediment to prevent Don Jose de Jesus 
Noe from occupying the land which he has solicited, and which is adjacent to this 
settlement. 

Ex-Mission of San Francisco de Asis, this eighth day of January, 1840. 

JOSE DE LA C. SANCHEZ. 



ADDENDA, NO. C. 187 

Juan Bautista Alvarado, Constitutional Governor of the Department of the Californias: 

(Civil Government) In view of the favorame report made relative to the legal 
) Seal of v proceedings instituted bv Don Jose de Jesus Noe, in his Peti- 

) Upper California. \ \ „ , _ , , " • ■ ■ „ ' 

v. — J tion for the land known by the name of "Las Camaritas," 

situated within the limits of the Settlement of " Dolores/' and in view of the 
purpose of cultivation, for which he solicits the same and for erecting a house, I 
have come, by decree of this date, to permit to him in the said place, which lies 
within the Willow Groves of the creeek of said settlement, three hundred varas 
square, for the purpose indicated, subject to such police regulations as may be 
established. He shall furthermore present himself, with this warrant, to the 
Superintendent of the aforementioned settlement, who will give him possession of 
the land. 

Given at Monterey, this twenty-first day of January, a.d. 1840. 

ALVAEADO. 
Manuel Jimeno, 

Secretary. 

Note. — The claim under the preceding grant has been finally confirmed, but not survey- 
ed. The case is numbered 629 in the Land Commission ; 387 in the District Court of the 
United States, in the Northern District of California, and 190 in Jimeno's Index. The 
land is situated in the south-eastern portion of the city of San Francisco, as defined by the 
chartered limits of the charters of 1850 and 1851, and may be described to a general intent 
as by being bounded by Mission and Center streets, and by the salt marsh of Mission Creek. 
See 1 Hoffman's Reports, Appendix, No. 629. 



No. a 

ESPEDIENTE INSTITUTED BY DON JUAN CASTRO FOR THE 
ISLAND OF YERBA BUENA, SITUATE IN THE BAY OE SAN 
FRANCISCO, NOVEMBER 8th, 1838. 

[Filed by Client in Land Commission. No Espediente in archives.] 

Grants of Islands agreeably to Decree of July, 1838. — Yerba Buena 

Island. 

Government of the Department of the Californias, Juan B. Alvarado Constitutional 
Governor of the Department of California: 

Whereas, the Supreme National Government has given me the faculty, by a Su- 
preme Order, to grant possession to national individuals, who might solicit, all the 
surrounding islands in the ports of the coasts of both Californias, and Don Juan 
Castro, a Mexican citizen, having petitioned for (in conformity with said superior 
order) the Island named Yerba Buena, situated in the Bay of San Francisco, in 
front of the town of the same name, I have concluded, in conformity with my 
powers, to grant the petitioner the said Island, with all its extensions. The 
grantee, it is understood, is to present himself with this dispatch to the authorities 
immediate to said Island, in order that they may consider the same as his property. 



188 ADDENDA, NO. CI. 

This, I, the expressed Governor, do sign and decree, as reference will show, in 
Santa Barbara, on the eighth day of November, eighteen hundred and thirty-eight. 

JUAN B. ALVARADO. 

Note.— There is no Espediente of this grant in the archives. The claim has been finally 
rejected. See 1 Hoffman's Reports, Appendix, No. 11. 



No. CI. 



ESPEDIENTE INSTITUTED BY DON ANTONIO MARIA OSIO FOR 
THE ISLAND LOS ANGELES, SITUATE IN THE BAY OF SAN 
FRANCISCO, FEBRUARY 19. 1838. 

Record of proceedings had at the instance of Antonio Maria Osio, 
in solicitation of the " isla de los angeles," at the port of 
San Francisco. 

Senor Superior Political Chief: 

Antonio Maria Osio, with the greatest respect appears before your Excellency, 
and states that ever since the year 1830 he has a petition presented, praying that 
the Island of "Los Angeles," at San Francisco, may be granted to him to build a 
house thereon, and breed horses and mules. He now renews it, hoping that your 
Excellency will condescend to grant it to him, at the same time asking you to ad- 
mit this on common paper, for want of that of the corresponding stamp, etc. 

Monterey, October 7th, 1837. 

(Signed) ANTONIO M^. OSIO. 

The following appears in the original on the margin : 

Monterey, February 1st, 1838. 
The military commandant of the frontier north of San Francisco will report. 
(Signed) ALVARADO. 



/Senor Superior Political Cliief: 

The Island of Los Angeles, to which the present petition refers, may be granted 
to Don Antonio Ma. Osio, since I can testify that he has petitioned for it ever since 
the year 1830 ; but it may be well to make the exception, that when the govern- 
ment may desire to build a fort on the top or principal height thereof it may not 
be hindered from so doing. 

Monterey, February 7, 1838. 

(Signed) M*o. G. VALLEJO. 



[l.s.] In view of the foregoing petition, the report of the military commandant 
of the frontier to the north of San Francisco, with everything also had in consider- 
ation for facilitating by all possible means of the impulse that the mercantile 
branch of our ports deserves, as is recommended by the existing laws, I have con- 



ADDENDA, NOS. CII, CIII. 189 - 

eluded by this decree to grant to Don Antonio Ma. Osio the occupation of the lands 
which the Island called the Angels embraces, situated within the Port of San 
Francisco, to the end that he may make that use of it which he may deem most 
suitable, to build a house, raise stock, and do everything that may concern the 
advancement of the mercantile and agricultural branches, upon the condition that 
whenever it may be convenient, the government may establish a fort thereon. 

The interested party will present himself with this decree to the proper military 
commanding, in which there will be made an entry thereof, for the due verification 
of the same. 

Given at Monterey, in the Department of the Californias, on the 19th day of 
February, 1838. 

(Signed) JUAN B. ALYAEADO. 

Note. — This grant has been finally rejected. See 23 Howard, United States Reports, 273, 
1 Hoffman, Appendix, No. 18. 



No. CII. 

CLAIM OF LANDS PURPORTING TO HAVE BEEN GRANTED BY 
JUAN B. ALVARADO, GOVERNOR OF THE DEPARTMENT OF 
UPPER CALIFORNIA, TO ROBERT EL WELL, IN 1842 or 1843. 

Four hundred varas square, commencing at the south-east corner of Broadway 
and Sansome streets, thence running southerly, on the east line of Sansome Street, 
four hundred varas ; thence easterly, at right angles, four hundred varas ; thence 
northerly, at right angles, four hundred varas ; thence westerly, at right angles, 
four hundred varas, to the place of beginning, embracing an ^rea of four hundred 
varas square. 

Note. — This grant is not archived. 



No. CIII. 

ORDINANCES OF THE COMMON COUNCIL OF THE CITY OF SAN 
FRANCISCO, PASSED IN 1850, COMMONLY CALLED THE 
SINKING FUND ORDINANCES. (See printed City Ordinances.) 

Ordinance No. 49, for the Creation oe City Stock. 

The People of the City of San Francisco do ordain as follows : 

Section 1. That the Comptroller be authorized to issue proposals for the 
purchase of a stock, to be created by the authorities of this city, to be entitled a 
" Sinking Fund Stock," for the erection and promotion of city improvements. 

Sec. 2. That the amount of bonds to be issued for the creation of the above 



190 ADDENDA, NO. CIII. 

fund shall not exceed five hundred thousand dollars ; one third in twelve months, 
one third in eighteen months, and one third in two years from the date of issue. 

Sec. 3. That all the City Lots or Eeal Estate in the possession of San Fran- 
cisco shall be held inviolate, and is hereby solemnly pledged and set apart as secu- 
rity for the redemption of said stock and interest at their maturity. 

Sec. 4. That said stock shall bear an interest of two per cent, per month, and 
payable quarterly, and be paid in the acknowledged currency of the United States. 

Sec. 5. That there shall be appointed five persons, who shall constitute a board 
entitled " The Commissioners of the Sinking Fund ;" two members thereof shall 
be the Mayor and the Comptroller of the City, and three members thereof selected 
from the citizens generally, to be nominated by the Mayor and approved by the 
Common Council ; and they shall give bonds for the faithful performance of their 
trust, to the amount of one hundred thousand Hollars each. 

Sec. 6. That it shall be the duty of said Commissioners to have the charge of 
all real estate belonging to the city ; and they may lease or sell said property, as in 
their judgment may be most advisable for its benefit, and as shall be required to 
provide funds for the redemption of the public debt. 

Sec. 7. That whenever it shall be deemed requisite to dispose of the city prop- 
erty, it shall be advertised in at least two of the daily papers, published not less 
than two Aveeks, and to be sold at' public auction to the highest bonajide bidder. 

Sec. 8. That the Comptroller shall, from and after the passage of this Act, ad- 
vertise in two of the daily papers for bids upon the aforesaid loan, proposals to be 
opened in the presence of the Commissioners of the Sinking Fund, and the loan to 
be awarded to the highest bidder. 

Sec. 9. That the Comptroller shall open an account in the books of the De- 
partment, to be styled " The Sinking Fund Account," and which shall faithfully 
represent the debit and credit of every transaction relating to the aforesaid stock. 

Sec. 10. That the certificates of stock issued under the said loan shall not be 
considered transferee, unless the parties make it known to the Comptroller that 
they desire such transfer, in order that the books in the hands of the CommissionerB 
shall clearly record the names of all persons holding such stock. 

Sec. 11. That from and after the first day of January, 1851, all receipts for 
licenses of taverns, draymen, or cartmen, boatmen, theaters, or other places of 
public amusements, and from all games of hazard or chance, shall be placed in the 
hands of the Commissioners of the Sinking Fund, to be applied to the liquidation 
of said loan and interest as far as they may avail. 

WM. GREENE, 

President Board Aldermen. 
A. BARTOL, 

President Board Asst. Aldermen. 

Approved August 23d, a.d. 1850. 

JNO. W. GEARY, 

Mayor. 



Ordinance No. 67, to Amend an Ordinance for the Creation of City 

Stock. 

The People of the City of San Francisco do ordain as follows, viz. : 
Section 1. That the Commissioners be authorized to issue proposals for the 



ADDENDA, NO. CIII. 191 

purchase of a stock to be created by the authorities of this city, to be entitled a 
" Sinking Fund Stock/' for the creation and promotion of city improvement. 

Sec. 2. That the amount of bonds to be issued for the creation of the above 
fund shall not exceed eight hundred thousand dollars, said stock to be redeemable 
as follows, viz. : one-third in one year, one-third in two years, and one-third in 
three years from the date of issue. 

Sec. 3. That all the City Lots or Real Estate in the possession of San Fran- 
cisco, shall be held inviolate, and is hereby solemnly pledged and set apart as secu- 
rity for the redemption of said bonds and interest at their maturity. 

Sec. 4. That said stock shall bear an interest of two per cent, per month, inter- 
est payable quarterly, and be paid in the acknowledged currency of the United 
States. 

Sec. 5. That there shall be appointed five persons, who shall constitute a board 
entitled " The Commissioners of the Sinking Fund ;" two members thereof shall 
be the Mayor and the Comptroller of the City, and three members thereof selected 
from the citizens generally, to be nominated by the Mayor and approved by the 
Common Council, and they shall give a joint bond of one thousand dollars for the 
faithful performance of their trust. 

Sec. 6. That it shall be the duty of said Commissioners to have charge of all 
real estate belonging to the city ; and they may lease or sell said property as in 
their judgment may be most advisable for its benefit, and as shall be required to 
provide funds for the redemption of the public debt. 

Sec. 7. That whenever it shall be deemed requisite to dispose of the city prop 
erty, it shall be advertised in at least two of the daily papers, published not less 
than two weeks, and to be sold at auction to the highest bonajide bidder. 

Sec. 8. That the said Commissioners shall, from and after the passage of this 
Act, advertise in two of the daily papers for bids upon the aforesaid loan ; propos- 
als to be opened in the presence of the aforesaid Commissioners, and the loan to be 
awarded to the highest bidder, or rejected at the discretion of the Commissioners. 

Sec. 9. That the Commissioners shall cause to be opened an account in the 
books of the department, to be styled " The Sinking Fund Account," and which 
shall faithfully represent the debit and credit of every transaction relating to the 
aforesaid stock. 

Sec. 10. That the certificates of stock issued under the said loan shall not be 
considered transferable unless the parties make it known to the Comptroller that 
they desire such transfer, in order that his books and the books of the Commission- 
ers shall clearly record the names of all persons holding such stock. 

Sec. 11. That from and after the first day of January, 1851, all receipts from 
wharves and piers, for licenses of taverns, draymen, cartmen, boatmen, theaters, 
and other places of public amusement, and from all games of hazard or chance, 
shall be placed in the hands of the Commissioners of the " Sinking Fund," to be 
applied to the liquidation of said loan and interest as far as they may avail. 

Sec. 12. That it shall be the duty of the said Commissioners to report quar- 
terly to the Common Council a true and faithful statement of its receipts and dis • 
bursements, arising from the sale of said bonds and other sources of revenue, and 
make all such other reports, from time to time, in relation to the aforesaid loan, or 
disposition of property, as the Common Council may direct ; and all moneys so 
created by this ordinance shall at any time be held subject to the order of said 
Common Council. 

Sec. 13. That the aforesaid Commissioners shall be entitled to receive five 



192 ADDENDA, NO. CIV. 

per cent, on the money received from sale of said bonds, as a contingent fund in 
the hands of said Commissioners, to pay the expenses of the department during 
the term that the said Commission shall be in existence. 

WM, GREENE, 

President Board Aldermen. 
A. BARTOL, 

President Board Asst. Aldermen. 
Approved October 1st, 1850. 

JOHN W. GEARY, 

Mayor. 



Ordinance No. 113, Authorizing- Commissioners to Issue Bonds Paya- 
ble to Bearer, etc. 

The People of San Francisco do ordain as follows: 

That Section 10, of Ordinance No. 67, to Amend an Ordinance for the Creation 
of City Stock, approved October 1, 1850, be and the same is hereby repealed. And 
that the following be substituted in lieu thereof: 

That the Bonds issued under said loan shall be made payable to bearer, in such 
sums as the Commissioners may deem advisable. 

WM. GREENE, 

President Board of Aldermen. 
A. BARTOL, 

President Board of Asst. Aldermen. 



Approved December 23, 1850. 



JNO. W. GEARY, 

Mayor. 



Note— These ordinances have been decided to be void for want of power in the Common 
Council to enact them. See Smith vs. Morse, 2 Cal. 538; Heydenleldt vs. Hitchcock, 15 
Cal. 514. 



No. CIY. 

CONVEYANCE BY THE CITY OF SAN FRANCISCO OF CERTAIN 
OF ITS PROPERTY AND REAL ESTATE TO THE "COM- 
MISSIONERS OF THE SINKING FUND," PURSUANT 
TO THE SINKING FUND ORDINANCES OF 1850, WHICH ARE 
SET OUT IN THE ADDENDA, No. CIII. DATED DE- 
CEMBER 25, 1850. 

State op California, ) 

County of San Francisco. ) 

Know all men by these presents, that the City of San Francisco, for and in 
consideration that the grantees hereinafter named have accepted the appointment 
of Commissioners of the Sinking Fund of the City of San Francisco, and given 
bond and security for the faithful performance of the duties thereof, under and by 



ADDENDA, NO. CIY. 193 

virtue of an ordinance of said city, entitled " An Ordinance for the creation of 
a City Stock," passed and approved the twenty-third day August, in the year 
eighteen hundred and fifty, and under and by virtue of a certain other ordinance 
of said city, entitled " An Ordinance to Amend an Ordinance for the creation of 
City Stock," passed and approved on the first day of October, in the year last 
aforesaid ; and for divers other and good considerations, the said City of San Fran- 
cisco thereunto moving, have bargained, sold, and conveyed, and by these pres- 
ents do bargain, sell, and convey unto John W. Geary, William Hooper, James 
King of William, Benjamin L. Berry, and Talbot H. Greene, of the said city, as the 
Commissioners of the Sinking Fund of the City of San Francisco, and their succes- 
sors in office and assigns, all that beach and water property lying and situated on the 
northern beach of the said city, and bounded as follows : commencing at the intersec- 
tion of western boundary line of said city with the line of high water mark, thence 
northerly along the said western line of said city to ships' channel, thence easterly 
along the line of ships' channel to the west line Kearny Street produced to said 
channel, thence southerly along said west line of Kearny Street to Bay Street, 
thence westerly along the line of Bay Street to Dupont Street, thence northerly 
along the line of Dupont Street to North Point Street, thence westerly along 
North Point Street to Stockton Street, thence southerly along Stockton Street to 
Bay Street, thence westerly along the line of Bay Street to fifty-vara lot number 
seven hundred and sixty-four, (764), thence along the eastern and northern bound 
of said fifty-vara lot seven hundred and sixty-four, (764) to Leavenworth Street, 
thence northerly along Leavenworth Street to Beach Street, thence westerly along 
Beach Street and the high water line to the place of beginning. 

Also, all those beach and water lots lying between Broadway and Pacific streets 
in said city, and known and marked upon the official map of said city, now at the 
City Surveyor's Office therein, as numbers nineteen (19), 20, 21, 22, 23, 24, 25, 
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39; also those other beach 
and water lots lying between Jackson and Washington streets, known and marked 
upon the official map of said city, now at the City Surveyor's Office therein, as 
numbers 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 
85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 
106, 107, 108, 109, 110, and 111. The above-named lots, namely, numbers 19 to 39, 
inclusive, and 64 to 111 inclusive, being further marked and known on the aforesaid 
map as Government Reserves. Also, that property marked on said map as Govern- 
ment Reserve, and bounded on the north by Jackson Street, on the south by 
Washington Street, on the east by Drumm Street, and on the west by Front 
Street. 

Also, that property known on said map as the Government Reserve, at Rincon 
Point, and bounded on the west by Beale Street, on the north by Folsom Street, 
and on the east and south by the high water line. 

Also, those beach and water lots known and marked upon said map as numbers 
273, 290, 291, 292, 301, 302, 309, 311, 312, 313, 315, 316, 319, 320, 321, 322, 326, 
352, 371, 372, 420, 421, 422, 424, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 
455, 456, 457, 459, 460, 463, 465, 466, 505, 506, 507, 508, 509, 510, 511, 514, 515, 
516, 517, 534, 580, 588, 606, 611, 618, 652, 653, 654, 655, 678, 679, 680, 682, 687, 
688, 689, 690, 691 719, 721, 724, 726, 731, 767, 770, and 772; also, all that 
beach and water property lying between Folsom Street on the north, ships' channel, 
on the east, the city limits on the south, and Price Street on the west, and known 
on the said map as blocks numbers one (1) to thirty-two (32), inclusive. Also, all 

14* 



194 ADDENDA, NO. CIV. 

those one hundred-vara lots known and marked on said map as numbers 97, 103, 
112, 128, 129, 130, 131, 135, 136, 139, 140, 141, 142, 145, 148, 149, 150, 151, 155, 
156, 157, 158, 159, 160, 161, 162, 163, 167, 168, 169, 170, 174, 175, 176, 191, 201, 
203, 258, 306, 307, 308, 309, 310, 311, 312, 313, 317, 318, 319, 321, 322, 323, 325, 
326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 337, 336, 338, 339, 340, and 341 ; 
also, all these fifty- vara (50) lots, known and marked on said map as lots, numbers 
three hundred and one (301), 345, 346, 352, 357, 358, 409, 410, 427, 462, 464, 506, 
568, 588, 589, 590, 591, 592, 597, 598, 637, 638, 639, 640, 641, 642, 643, 644, 645, 
646, 647, 648, 663, 729, 732, 733, 736, 740, 749, 781, 782, 783, 784, 785, 787, 788, 
789, 790, 791, 792, 793, 816, 817, 818, 819, 820, 831, 832, 833, 834, 835, 856, 857, 
858, 859, 860, 861, 878, 879, 880, 881, 890, 891, 892, 893, 894, 895, 896, 897, 925, 
929, 934, 936, 938, 946, 947, 952, 953, 970, 1021, 1022, 1023, 1024, 1025, 1026, 
1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1069, 1070, 1071, 1072, 
1073, 1074, 1075, 1076, 1081, 1103, 1104, 1105, 1132, 1133, 1158, 1159, 1174, 1179, 
1182, 1185, 1188, 1301, 1311, 1315, 1339, 1343, 1348, 1377, 1400, 1403, 1441, 180, 
463, 528, 775, 764, 786, 1235, 1257, 1275, 1277, 1279, 1290, 1306, 1329, 1330, 1349, 
1440, 1455, 1456, 1461, 1462, 1469, 1470, 1476, 1477, 1379, 1437, 849, 843, 842, 
848, 808, and 741. 

Also, all that piece or parcel of land known as the City Hall property and lot, 
and described as follows, to wit : Commencing at a point on the north side of 
Pacific Street, in said city, distant from the north-west corner of Pacific and 
Kearny streets ninety-nine feet (99) and eight (8) inches, running thence north- 
wardly, at a right angle to Pacific Street, one hundred and thirty-seven feet (137) 
six (6) inches; thence eastwardly, ninety-nine feet (99) eight (8) inches, to the 
west side of Kearny Street; thence southwardly, and along the Avest line of 
Kearny Street, one hundred and thirty-seven (137) feet and six inches; and thence 
westwardly, and along the north line of Pacific Street, ninety-nine (99) feet and 
eight inches to the place of beginning, being a portion of original lot, as num- 
bered on the plan of the City of San Francisco, forty-four (44) ; also, the wharf 
known as Taylor Street Wharf, in said city, on Taylor Street, commencing at 
Francisco Street and running along Taylor Street towards the ships' channel ; 
also, the wharf known as Broadway Wharf, in said city, commencing one hundred 
and forty feet east of the eastern line of Battery Street, and running towards the 
ships' channel. 

Also, the wharf, in said city, known as Pacific Street Wharf, commencing at the 
intersection of Sansome and Pacific Streets, and running towards the ships' 
channel; also, the wharf, in said city, known as California Street Wharf, com- 
mencing at Sansome Street, and running towards the ships' channel ; and, also, 
the wharf, in said city, known as Market Street Wharf, commencing at First 
Street, and running towards the ships' channel, with all the sums of money, dues, 
and rates of wharfage which may hereafter be levied or collected out of the same, 
according to law ; and also the fifty-vara lot known and marked on said map as 
lot numbered thirteen hundred and four (1304). 

To have and to hold the said parcels or lots of lands and wharves, and the 
appurtenances and hereditaments thereunto belonging or appertaining, to the said 
the Commissioners of the Sinking Pund of the City of San Prancisco, their 
successors in office, and assigns forever. 

In trust, nevertheless, to and for the following uses, interests, and purposes, and 
for no other use, interest, or purpose whatsoever, that is to say : In trust, that the 
said, the Commissioners of the Sinking Pund of the City of San Prancisco, shall 



ADDENDA, NO. CV. 



195 



have charge of all the said lots, or pieces or parcels of lands and wharves, as a 
security for the redemption of the bonds and interest already created, and which 
may be hereafter created under and by virtue of the ordinances of the said city 
hereinbefore referred to, and to lease or sell the said lots or wharves, or any one or 
more of them, as in their judgment may be for the benefit of the said city, and as 
shall be requisite to provide funds for the redemption of the said bonds and interest. 

In testimony whereof, the said City of San Francisco has, by ordinance passed 
to that effect, caused William Greene, President of the Board of Aldermen of said 
city, and Abraham Bartol, President of the Board of Assistant Aldermen of said 
city, on this twenty-fifth day of December, in the year of our Lord one thousand 
eight hundred and fifty, to affix the private seal of John W. Geary, Mayor of the 
said city, which has been heretofore adopted as the common seal of the said city, 
for the time being, by an ordinance of the Mayor and Common Council thereof, 
and also to set their hands hereto. 

In presence of WILLIAM GREENE, [l.s.] 

ABRAHAM BARTOL, [l.s.] 

State of California, ) 

County of San Francisco. ) 

On this twenty-sixth day of December, in the year one thousand eight hundred 
and fifty, personally appeared before me, a Notary Public in and for the said 
county, William Greene and Abraham Bartol, known to me to be the persons 
described in and who executed the foregoing instrument, who acknowledged to 
me, each for himself, they executed the same freely and voluntarily, and for the 
uses and purposes therein mentioned. 

[seal.] WILLIAM RABE, 

Notary Public. 



A true copy of the original recorded 6 Jan. 1851, at 10 o'clock 



A.M. 



JOHN A. McGLYNN, 

County Recorder. 

Recorded in the Recorder's Office of San Francisco County, in Book 1, Deed 
of Trust, p. 109, January 6th, 1851. 



No. CV. 



POWER OF ATTORNEY EXECUTED BY TALBOT H. GREEN, ONE 
OF THE COMMISSIONERS OF THE SINKING FUND, TO 
JOHN W. GEARY, AUTHORIZING SAID GEARY TO CONVEY 
TO SUCH USES AS THE LEGISLATURE SHOULD APPOINT, 
ALL THE RIGHT, TITLE, INTEREST, AND ESTATE HELD 
BY SAID GREEN, AS ONE OF THE COMMISSIONERS OF 
THE SINKING FUND. DATED APRIL 16, 1851. 

Talbot H. Green 

to 
John W. Geary. 

I, Talbot H. Green, of San Francisco, California, do hereby appoint and 



196 ADDENDA, NO. CV. 

constitute John W. Geary, of the same place, my true and lawful attorney, for 
me and in my behalf, to convey the right, title, and interest, which I have as one 
of the Commissioners of the Sinking Fund, under two certain Deeds of Trust 
heretofore executed to me in connection with John W. Geary, James King of 
Win., William H. Hooper, and Benjamin L. Berry, of the City of San Francisco, 
as Commissioners of the Sinking Fund of the City of San Francisco, on certain 
property described in said deeds to such person or persons as shall be legally 
appointed for that purpose by the Legislature, by the said City, or by any Court 
of competent jurisdiction. x 

Witness my hand and seal, this 15th day of April, a.d. 1851. The words by 
the City of San Francisco, having been interlined before the signing hereof. 

TALBOT H. GREEN, [seal.] 

In presence of 

John W. Dwinellb, 
E. V. Joice. 



State of California, 
County of San Francisco. 

On this 16th day of April, a.d. 1851, before me, personally, came John W. 
Dwindle, Esq., one of the subscribing witnesses to the foregoing power of at- 
torney, to me known, who being duly sworn, did depose and say, that he resides 
in the City of San Francisco, in said County, that he knows Talbot H. Green, the 
individual described in, and who executed the said power of attorney, that he was 
present and saw the said Talbot H. Green sign, seal, and deliver the same, as 
and for his act and deed, and that the said Talbot H. Green, then acknowledged 
the execution thereof, whereupon the said John W. Dwindle, Esq., became one of 
the subscribing witnesses thereto. 

[seal.] JAMES BOWMAN, 

Notary Public. 

A true copy of the original, recorded May 17th, 1851, at ten o'clock, a. m. 

JOHN A. McGLYNN, 

County Recorder. 

Recorded in the Recorder's Office of San Francisco County, at page 344, of 
Book 1, Powers of Attorney, May 17th, 1851, at 10 o'clock, a.m. 



ADDENDA, NO. CYI. 197 



No. CVI. 

EXTRACTS FROM LAWS OF THE STATE OF CALIFORNIA, DE- 
VOTING THE LANDS OF THE CITY OF SAN FRANCISCO TO 
THE PAYMENT OF ITS PUBLIC DEBTS. 

Chap. 84. — An Act to Reincorporate the City of San Francisco. 
Passed April 15th, 1851, page 357. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

CHARTER OF THE CITY OF SAN FRANCISCO. 

Article I. — General Powers, Boundaries, and Wards. 

§ 1. The People of the City of San Francisco shall continue to be a body- 
politic and corporate, under the style of the " City of San Francisco," and by that 
name they shall have perpetual succession, may complain and defend in all Courts 
and in all actions and proceedings, and may purchase, receive, and hold property, 
real and personal, and sell or otherwise dispose of the same for their common 
benefit ; provided, that they shall purchase without the city only such property as 
may be necessary for the purposes of burial, or for the erection of prisons, hos- 
pitals, asylums, and water works for supplying the city with water. 

[Pages 361, 362.] 

Art. III. § 14. All money to be received from the following sources, shall 
continue to constitute a sinking fund for the payment of the existing city indebt- 
edness with the interest accruing thereon, until the same shall be canceled : 

1st. The net proceeds of all sales of real estate belonging, or that may hereafter 
belong to the city. 

2d. The net proceeds of all bonds and mortgages payable to the city. 

3d. For occupation of private wharves, basins, and piers. 

4th. For wharfage, rents, and tolls. Said fund, or any part thereof, shall not 
be loaned to any other fund, or expended for any other purposes whatever. 

§ 15. The Common Council shall at an early day take steps to fund by ordi- 
nance the existing debts of the city. The funded debt shall consist of: 

1st. The liabilities for the payment of which the city revenue is already pledged. 

2d. The creditors of the city may fund the debts respectively due them at the 
passage of this act, on such terms as the Common Council may prescribe, at a 
rate of interest not to exceed ten per cent, a year, and payable within ten years ; 
but no bond shall issue of a less denomination than one hundred dollars. 

[Kepealed by Laws of 1851, chap. 88, page 390, § 13, as next hereinafter cited.] 
§ 17. The Commissioners of the Sinking Fund, created by ordinance of the 
Common Council, are hereby prohibited from permanently disposing of any prop- 
erty belonging to the city by sale, lease, or otherwise, and also required to reconvey 
and deliver to the city, before the tenth day of May next, all property, titles, 
rights, and interests belonging to the city, and which are or may be in their pos- 
session. 

[Repealed by Laws of 1851, chap. 88, page 390, § 13, as next hereinafter cited.] 



198 ADDENDA, NO. CVI. 

Laws of 1851, p. 387.] 

Chap. 88. — An Act to authorize the Funding op the Floating Debt 
of the City of San Francisco, and to provide for the Pay- 
ment of the same. Passed May 1, 1851. 

The People of the State of California, represented in Senate and Assembly, do enact as 

follows : 

§ 1 . The City of San Francisco is hereby authorized to fund its floating debt 
as hereinafter provided ; and for this purpose, P. A. Morse, D. J. Tallant, William 
Hooper, John W. Geary, and James King of William, of the City of San Fran- 
cisco, are hereby constituted and shall be known as " The Commissioners of the 
Funded Debt of the City of San Francisco," and as such they and their successors 
appointed as hereinafter prescribed, shall have the powers hereinafter enumerated. 
They shall organize their commission by the appointment of a President and Sec- 
retary from their own body ; they shall hold their offices during good behavior. 
Any vacancy occurring shall be filled by appointment by the Mayor of said city of 
some respectable citizen of said city to such office, and confirmed by the Common 
Council. The said Funding Commissioners, before entering upon the duties of 
their office, shall file a joint and several bond with the Mayor of the city, in the 
penal sum of one hundred thousand dollars for the prompt and faithful discharge 
of all the duties of their office. 

[Page 390.] 

§ 10. The seventeenth section of the third article of the "Act to reincorporate 
the City of San Francisco, which reads as follows : " The Commisioners of the 
Sinking Fund, created by ordinance of the Common Council, are hereby required 
to recover and deliver to the Common Council before the tenth day of May next 
all property, titles, rights, and interests, belonging to the city, and now in their 
possession, be and the same is hereby repealed. 

[Page 390.] 

§ 12. The Commissioners of the Sinking Fund created by ordinance of the Com- 
mon Council are hereby required to convey to the Commissioners of the Funded 
Debt of the City of San Francisco created by this Act, on their application there- 
for, all the property and all the rights, titles, and interests in property belonging 
to said city ; and to pay over into the hands of said Commissioners any funds, 
notes, securities, or other assets belonging to said city which they may have 
received, or may hereafter receive, by virtue of article third of an Act entitled "An 
Act to incorporate the City of San Francisco/' approved the fourteenth day of 
April, eighteen hundred and fifty-one ; said Commissioners shall have the right, 
at such time and place as in their discretion the interests of the city may require, 
at expose at public sale or to lease the property to be conveyed, as provided in this 
section, and they shall apply the proceeds of such sale or lease to the liquidation 
of the floating debt of said city. 

[Page 390.] 

§ 13. The fifteenth section of the third article of the "Act to reincorporate the 
City of San Francisco," which reads as follows : " The Common Council shall at 
an early day take steps to fund by ordinance the existing debt of the city. The 
funded debt shall consist of : 



ADDENDA, NO. CVII. 199 

"1st. The liabilities for the payment of which the city revenue is already pledged. 

"2d. The creditors of the city may fund the debts respectively due them at the 
passage of this act, on such terms as the Common Council may prescribe, at a 
rate of interest not to exceed ten per cent, per annum, and payble in ten years ; 
but no bond shall issue for a less denomination than one hundred dollars," be and 
the same is hereby repealed. 



No. CVII. 

CONVEYANCE BY THE COMMISSIONERS OF THE SINKING FUND 
TO THE COMMISIONERS OF THE FUNDED DEBT OF THE 
CITY OF SAN FRANCISCO, OF CERTAIN PROPERTY OF SAID 
CITY, PURSUANT TO THE FUNDING ACT OF MAY 1st. 
DATED MAY 17th, 1851. 

The State of California, 
County of San Francisco. 

Know all men by these presents, that we, John W. Geary, Benjamin L. Berry, 
Talbot H. Greene, William Hooper, and James King of William, " Commissioners 
of the Sinking Fund of the City of San Francisco," for and in consideration that 
the grantees herein-after named have accepted the appointment of " Commissioners 
of the Funded Debt of the City of San Francisco/' and given a joint and several 
bond (filed with the Mayor of the City), in the penal sum of one hundred thou- 
sand dollars, conditioned " for the prompt and faithful discharge of all the duties of 
their office, under and by virtue of an Act of the Legislature of the State of Cal- 
ifornia, entitled "An Act to authorize the funding of the Floating Debt of the City 
of San Francisco, and to provide for the payment of the same/' passed and 
approved the first day of May, in the year eighteen hundred and fifty-one ; and for 
divers other and good considerations the said " Commissioners of the Sinking 
Fund," thereunto moving, and for the sum of one dollar to the said " Commissioners 
of the Sinking Fund " in hand paid, the receipt whereof is hereby acknowledged, 
have granted, bargained, sold, and conveyed, and by these presents do grant, bar- 
gain, sell, and convey unto P. A. Morse, D. J. Tallant, William Hooper, John 
W.Geary, and James King of William, of the said city, as " Commissioners of 
the Funded Debt of the City of San Francisco," and their successors in office and 
assigns forever, all that beach and water property lying and situated in the 
northern beach of the said city, and bounded as follows : Commencing at the 
intersection of the western boundary line of said city with the line of high-water 
mark, thence northerly, along the said western line of said city, to ships' channel ; 
thence easterly, along the line of ships' channel, to the west line of Kearny Street, 
produced to said channel; thence southerly, along said west line of Kearny Street, 
to Bay Street; thence westerly, along the line of Bay Street, to Dupont Street; 
thence northerly, along the line of Dupont Street, to North Point Street; 
thence westerly, along North Point Street, to Stockton Street ; thence southerly, 
along Stockton Street, to Bay Street; thence westerly, along the line of Bay 
Street, to fifty-vara lot, number seven hundred and sixty-four (764); thence along 



200 ADDENDA, NO. CVII. 

the eastern and northern boundary of said fifty-vara lot, seven hundred and 
sixty-four (764), to Leavenworth Street; thence northerly, along Leavenworth 
Street, to Beach Street ; thence westerly, along Beach Street, and the high-water 
line, to the place of beginning ; also, all those beach and water lots lying between 
Broadway and Pacific streets, in said city, and known and marked upon the 
official map of said city, now at the City Surveyor's Office therein, as numbers 
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39 ; 
also, those other beach and water lots lying between Jackson and Washington 
streets, known and marked upon the official map of said city, now in the City Sur- 
veyor's Office therein, as numbers 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 
77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 88, 87, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 
99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, and 111. The above- 
named lots, namely, numbers nineteen (19) to thirty-nine (39) inclusive, and 
sixty-four (64) to one hundred and eleven (111) inclusive, being further marked 
and known on the aforesaid map as Government Reserves ; also, that property 
marked on said map as Government Reserves, and bounded on the north by Jack- 
son Street, on the south by Washington Street, on the east by Drumm Street, and 
on the west by Front Street ; also, that property known on said map as the Gov- 
ernment Reserve at Rincon Point, and bounded on the .west by Beale Street, on 
the north by Folsom Street, and on the east and south by the high-water line ; 
also, all the beach and water-lots known and marked upon said map as num- 
bers 273, 290, 291, 292, 301, 302, 309, 311, 312, 313, 315, 316, 319, 320, 321, 322, 
326, 352, 371, 372, 421, 422, 424, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 
455, 456, 457, 459, 460, 463, 465, 466, 505, 507, 508, 509, 510, 511, 514, 515, 516, 
517, 534, 580, 606, 611, 618, 652, 653, 654, 655, 678, 679, 680, 682, 687, 688, 689, 
690, 691, 719, 721, 724, 726, 731, 767, 770, and 772; also, all that beach and water 
property lying between Folsom Street, on the north, ships' channel on the east, 
the city limits on the south, and Price Street on the west, and known on the said 
map as blocks numbers one (1) to thirty-two (32) inclusive; also, all those one 
hundred-vara lots known and marked on said map as numbers 97, 103, 112, 128, 
129, 130, 131, 135, 136, 139, 140, 141, 142, 145, 148, 149, 150, 151, 155, 156, 157, 
158, 159, 160, 161, 162, 163, 167, 168, 169, 170, 174, 175, 176, 191, 201, 203, 258, 
306, 307, 308, 309, 313, 317, 318, 319, 321, 322, 323, 325, 326, 327, 328, 329, 330, 
331, 332, 333, 334, 335, 337, 336, 338, 340, and 341 ; also all those fifty (50) vara lots 
known and marked on said map as lots numbers three hundred and one (301), 
345, 346, 352, 357, 409, 410, 427, 462, 464, 506, 568, 588, 589, 590, 591, 592, 597, 
598, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 663, 729, 732, 733, 
736, 740, 749, 781, 784, 785, 787, 788, 789, 790, 791, 792, 793, 816, 817, 818, 831, 
832, 834, 856, 857, 858, 859, 860, 861, 878, 879, 880, 881, 890, 891, 892, 893, 894, 
895, 896, 897, 925, 929,934, 936, 938, 946, 947, 952, 953, 970, 1,021, 1,022, 1,023, 
1,024, 1,025, 1,026, 1,027, 1,028, 1,029, 1,030, 1,031, 1,032, 1,033, 1,034, 1,035, 
1,036, 1,069, 1,070, 1,071, 1,072, 1,073, 1,074, 1,075, 1,076, 1,081, 1,103, 1,105. 
1,132, 1,133, 1,159, 1,174, 1,179, 1,182, 1,185, 1,188, 1,301, 1,311,1,315,1,343, 
1,348, 1,377, 1,400, 1,403, 1,441, 180, 463, 528, 575, 764, 786, 1,235, 1,257, 1,275, 
1,277, 1,279, 1,290, 1,306, 1,329, 1,330, 1,349, 1,440, 1,455, 1,456, 1,461, 1,462, 
1,469, 1,470, 1,476, 1,477, 1,379, 1,437, 849, 843, 842, 848, 808, and 741 ; also, 
all that piece or parcel of land known as the City Hall property and lot, and 
described as follows, to wit : Commencing at a point on the north side of Pacific 
Street, in said city, distant from the north-west corner of Pacific and Kearny streets 
ninety-nine (99) feet and eight (8) inches, running thence northwardly, at right an- 



ADDENDA, NO. CVII. 201 

gles to Pacific Street, one hundred and thirty-seven (137) feet six (6) inches ; thence 
eastwardly, ninety-nine (99) feet eight (8) inches, to the west side of Kearny 
Street ; thence southwardly, and along the west line of Kearny Street, one hund- 
red and thirty-seven (137) feet six (6) inches ; and thence westwardly, and along 
the north line of Pacific Street, ninety-nine (99) feet and eight (8) inches, to 
the place of beginning, being a portion of original lot as numbered on the plan of 
the City of San Francisco, forty-four (44); also all the wharf known as Taylor 
Street Wharf, in said city, on Taylor Street, commencing at Francisco Street, and 
running along Taylor Street, towards the ships' channel ; also the wharf known 
as Broadway Wharf, in said city, commencing one hundred and forty feet east of 
the eastern line of Battery Street, and running towards the ships' channel ; also, the 
wharf known as the Pacific Street Wharf, in the said city, commencing at the in- 
tersection of Sansome and Pacific streets and running towards the ships' channel ; 
also, the wharf in said city, known as California Street Wharf, commencing at 
Sansome Street and running towards the ships' channel ; and also, the wharf in 
said city known as Market Street Wharf, commencing at First Street, and run- 
ning towards the ships' channel, with all the sums of money, dues, and rates of 
wharfage, which may hereafter be levied or collected out of the same according to 
law ; and also, the fifty- vara lot known and marked on said map as lot number 
thirteen hundred and four (1,304) ; also, the following subdivisions of one hund- 
red-vara lots, viz.: 1, 2, and 3, of original number 310 ; also, one (1), 2, 3, 4, 5, 6, 
7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, of Lot, No. 311 ; also, 18, 19, 
and 20, of Lot, No. 312 ; also, 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 
19, and 20, of 'Lot, No. 399; also, the following subdivisions of fifty-vara lots, 5 
of original Lot, No. 568; also, No. 5, of Lot, No. 820; also, Nos. 1, 2, and 3, of 
Lot, No. 833 ; and also, Lots, Nos. 1 and 2, of original Lot, No. 835. To have 
and to hold the said parcels or lots of lands, wharves, and appurtenances and her- 
editaments thereunto belonging, or in any wise appertaining to the said " The 
Commissioners of the Funded Debt of the City of San Francisco," their successors 
. in office and assigns forever. In trust nevertheless to and for the following uses, and 
for no other use, intent, or purpose whatsoever, that is to say, in trust that the said 
" The Commissioners of the Funded Debt of the City of San Francisco," shall have 
charge of all the said lots, pieces, or parcels of lands and wharves, and they shall 
have power to sell or lease the said lots or wharves, or any one or more of them, 
as in their judgment may be for the benefit of the said city, and they shall apply 
the proceeds of such sale or lease, according to the provisions of the said Act of 
the Legislature, passed and approved May 1st, a.d. 1851, hereinbefore referred to. 

The said Talbot H. Green, by his power of attorney duly executed, and bearing 
date of the fifteenth day of April, a.d. 1851, did make, constitute, and appoint 
the said John W. Geary, his true and lawful attorney, for the uses and purposes 
therein set forth, which power of attorney is recorded in the County Recorder's 
Office of San Francisco, in Book No. 1, page 344 of Powers of Attorney; refer- 
ence being had thereunto, will more fully and at large appear. 

The foregoing described premises being a part of the same property which the 
City of San Francisco conveyed to the Commissioners of the Sinking Fund by 
their deed of conveyance, dated the twenty-fifth day of December, a.d. 1851, duly 
executed and recorded in Liber No. 1, of Deeds of Trust, page 109, in the County 
Recorder's Office of San Francisco ; reference being thereunto had, will at large 
appear. 

In testimony whereof the said John W. Geary, Benjamin L. Berry, William 



202 ADDENDA, NO. CVIL 

Hooper, Talbot H. Green, by his attorney, John W. Geary, and James King of 
William, have hereunto set their hands and seals this twenty-fourth day of May, 

A.D. 1851. 

JOHN W. GEAEY, [l.s.] 

BENJ. L. BEERY, [l.s.] 

WM. HOOPER, [l.s.] 

TALBOT H. GREEN, |l.s.] 

By his Att'y, Jno. W. Geary, [l.s.] 
JAS." KING op WILLIAM, [l.s.] 

Signed, sealed, and delivered in presence of , the words and figures, "five hund- 
red and six (506)," in the fifth and sixth lines from the bottom ord the fourth page 
and the words and figures, " five hundred and eighty-eight (588)," in the 2d & 3d 
lines from the top of 5th page, interlined before signing. 

JAMES BOWMAN. 

State of California, 
County of San Francisco, 

On this thirty-first day of May, a.d. one thousand eight hundred and fifty-one, 
personally appeared before me, a Notary Public, in and for the said county, John W. 
Geary, Benjamin L. Berry, William Hooper, and James King of William, known 
to me to me to be the persons described in, and who executed the foregoing instru- 
ment, who acknowledged to me that they executed the same freely and voluntarily, 
and for the uses and purposes therein mentioned ; and also, at the same time person- 
ally appeared before me, a Notary Public, in and for said county, the said John W. 
Geary, known to me to be one of the persons described in, and executed the forego- 
ing instrument, who acknowledged to me that he executed the same freely and 
voluntarily, and for the uses and purposes therein mentioned, as the act and deed 
of Talbot H. Green, therein described, by virtue of a power of attorney duly exe- 
cuted by said Talbot H. Green, bearing date the fifteenth day of April a.d. 1851, 
and recorded in the office of the County Recorder of San Francisco, in Lib. 1 
of Powers of Attorney, page 344, on the 17th day of May, 1851. 

In witness whereof, I have hereunto set my hand and affixed my official seal. 
[l.s.] JAMES BOWMAN, 

Notaiy Public. 

The preceding is a true copy of the original, recorded at the request of the Com- 
fnissioners of the Funded Debt, June 19, 1851, at twenty minutes to 5 o'clock, p.m. 
[In Liber 1 of Deeds of Trusts,* p. 203.] JOHN A. McGLYNN, 

County Recorder. 

Note.— Section 12 of "the Article to authorize the finding of the Floating Debt of the 
City of San Francisco, and to provide for the payment of the same," passed May 1st, 1851. 
Laws, 1851, 387 [Addenda, No. CYI], requires the Commissioners of the Sinking Fund to 
convey to the Commissioners of the Funded Debt, upon their application therefor, " all the 
property, and all the rights, titles, and interest in property belonging to sai d city." The 
above deed does not purport to convey all the property of the city, but only certain prop- 
erty therein specified. It has been judicially decided that it does not convey any other 
property than that described in it. Board of Education vs. Fowler, 19 Cal., 11. 

* There are two books of this name and number which purport to be duplicates, but they 
are not so. This copy is taken from that which is the original and contains the largest 
description of property, and which has an index at the end, the other having none, in Lib. 
1 of Deeds of Trust, page 203. 



ADDENDA, NO. CVIII. 203 



No. CVIII. 

AN ACT TO ASCERTAIN AND SETTLE THE PRIVATE LAND 
CLAIMS IN THE STATE OE CALIFORNIA, PASSED MARCH 
3, 1851. 

An Act to ascertain and settle the Private Land Claims in the 
State op California. Approved March 3, 1851. 

[United States Statutes at Large, Vol. 9, Page 631, etc., Chap. XLI.] 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That for the purpose of ascertaining and settling 
private land claims in the State of California, a commission shall be, and is hereby, 
constituted, which shall consist of three Commissioners, to be appointed by the 
President of the United States, by and with the advice and consent of the Senate, 
which commission shall continue for three years from the date of this act, unless 
sooner discontinued by the President of the United States. 

Sec. 2. And be it further enacted, That a Secretary, skilled in the Spanish and 
English languages, shall be appointed by the said Commissioners, whose duty it 
shall be to act as interpreter, and to keep a record of the proceedings of the board in 
a bound book, to be filed in the office of the Secretary of the Interior on the termina- 
tion of the commission. 

Sec. 3. And be it further enacted, That such clerks, not to exceed five in number, 
as may be necessary, shall be appointed by the said Commissioners. 

Sec. 4. And be it further enacted, That it shall be lawful for the President of 
the United States to appoint an agent learned in the law, and skilled in the Spanish 
and English languages, whose special duty it shall be to superintend the interests 
of the United States in the premises, to continue him in such agency as long as 
the public interest may, in the judgment of the President, require his continuance, 
and to allow him such compensation as the President shall deem reasonable. It 
shall be the duty of the said agent to attend the meetings of the board, to collect 
testimony in behalf of the United States, and to attend on all occasions when the 
claimant, in any case before the board, shall take depositions; and no deposition 
taken by or in behalf of any such claimant shall be read in evidence in any case, 
whether before the Commissioners, or before the District or Supreme Court of the 
United States, unless notice of the time and place of taking the same shall have 
been given in writing to said agent, or to the District Attorney of the proper dis- 
trict, so long before the time of taking the deposition as to enable him to be 
present at the time and place of taking the same, and like notice shall be given of 
the time and place of taking any deposition on the part of the United States. 

Sec. 5. And be it further enacted, That the said Commissioners shall hold their 
sessions at such times and places as the President of the United States shall direct, 
of which they shall give due and public notice ; and the marshal of the district in 
which the board is sitting shall appoint a deputy, whose duty it shall be to attend 
upon the said board, and who shall receive the same compensation as is allowed to 
the marshal for his attendance upon the District Court. 

Sec. 6. And be it further enacted, That the said Commissioners, when sitting 
as a board, and each Commissioner at his chambers, shall be, and are, and is hereby, 
authorized to administer oaths, and to examine witnesses in any case pending be- 



204 ADDENDA, NO. CVIII. 

fore the Commissioners, that all such testimony shall be taken in writing, and 
shall be recorded and preserved in bound books to be provided for that purpose. 

Sec. 7. And be it further enacted, That the Secretary of the board shall be, and 
he is hereby, authorized and required, on the application of the law agent or Dis- 
trict Attorney of the United States, or of any claimant or his counsel, to issue 
writs of subpoena commanding the attendance of a witness or witnesses before said 
board or any Commissioner. 

Sec. 8. And be it further enacted, That each and every person claiming lands 
in California by virtue of any right or title derived from the Spanish or Mexican 
Goverment, shall present the same to the said Commissioners when sitting as a 
boax-d, together with such documentary evidence and testimony of witnesses as the 
said claimant relies upon in support of such claims ; and it shall be the duty of the 
Commissioners, when the case is ready for hearing, to proceed promptly to exam- 
ine the same upon such evidence, produced in behalf of the United States, and to 
decide upon the validity of the said claim, and, within thirty days after such de- 
cision is rendered, to certify the same, with the reasons on which it is founded, to 
the District Attorney of the United States in and for the district in which such 
decision shall be rendered. 

Sec. 9. And be it further enacted, That in all cases of the rejection or confir- 
mation of any claim by the Board of Commissioners, it shall and may be lawful 
for the claimant or the District Attorney, in behalf of the United States, to pre- 
sent a petition to the District Court of the district in which the land claimed is 
situated, praying the said Court to review the dicision of the said Commissioners, 
and to decide on the validity of such claim ; and such petition, if presented by the 
claimant, shall set forth fully the nature of the claim and the names of the original 
and present claimants, and shall contain a deraignment of the claimant's title, 
together with a transcript of the report of the Board of Commissioners, and of the 
documentary evidence and testimony of the witnesses on which it was founded ; 
and such petition, if presented by the District Attorney in behalf of the United 
States, shall be accompanied by a transcript of the report of the Board of Commis" 
sioners, and of the papers and evidence on which it was founded, and shall fully 
and distinctly set forth the grounds on which the said claim is alleged to be invalid, a 
copy of which petition, if the same shall be presented by claimant, shall be served 
on the District Attorney of the United States, and, if presented in behalf of the 
United States, shall be served on the claimant or his attorney ; and the party upon 
whom such service shall be made shall be bound to answer the same within a time 
to be prescribed by the Judge of the District Court ; and the answer of the claim- 
ant to such petition shall set forth fully the nature of the claim, and the names of 
the original and present claimants, and shall contain a deraignment of the claimant's 
title ; and the answer of the District Attorney in behalf of the United States shall 
fully and distinctly set forth the grounds on which the said claim is alleged to be 
invalid, copies of which answers shall be served upon the adverse party thirty days 
before the meeting of the Court, and thereupon, at the first term of the Court there- 
after, the said case shall stand for trial, unless, on cause shown, the same shall be 
continued by the Court. 

Sec. 10. And be it further enacted, That the District Court shall proceed to 
render judgment upon the pleadings and evidence in the case, and upon such fur" 
ther evidence as may be taken by order of the said Court, and shall, on aplication 
of the party against whom judgment is rendered, grant an appeal to the Supreme 
Court of the United States, on such security for costs in the District and Supreme 



ADDENDA, NO. CVIII. 205 

Court, in case the judgment of the District Court shall be affirmed, as the said 
Court shall prescribe; and if the Court shall be satisfied that the party desiring to 
appeal is unable to give such security, the appeal may be allowed without security. 

Sec. 11. And be it further enacted, That the Commissioners herein-provided 
for, and the District and Supreme Courts, in deciding on the validity of any claim 
brought before them under the provisions of this act, shall be governed by the 
treaty of Guadalupe Hidalgo, the law of nations, the laws, usages, and customs of the 
government from which the claim is derived, the principles of equity and the decis- 
ions of the Supreme Court of the United States, so far as they are applicable. 

Sec. 12. And be it further enacted, That to entitle either party to a review of 
the proceedings and decision of the Commissioners herein-before provided for, no- 
tice of the intention of such party to file a petition to the District Court shall be 
entered on the journal or record of proceedings of the Commissioners within sixty 
days after their decision on the claim has been made and notified to the parties, and 
such petition shall be filed in the District Court within six months after such 
decision has been rendered. 

Sec. 13. And be it further enacted, That all lands, the claims to which have 
been finally rejected by the Commissioners in manner herein provided, or which 
shall be finally decided to be invalid by the District or Supreme Court, and all 
lands the claims to which shall not have been presented to the said Commissioners 
within two years after the date of this act, shall be deemed, held, and considered as 
part of the public domain of the United States ; and for all claims finally con- 
firmed by the said Commissioners, or by the District or Supreme Court, a patent shall 
issue to the claimant upon his presenting to the general land office an authentic cer- 
tificate of such confirmation, and a plat or survey of the said land, duly certified and 
approved by the Surveyor-General of California, whose duty it shall be to cause all 
private claims which shall be finally confirmed to be accurately surveyed, and to 
furnish plats of the same ; and in the location of the said claims, the said Sur- 
veyor-General shall have the same power and authority as are conferred on the 
Register of the Land Office and Receiver of the Public Moneys of Louisiana, by the 
sixth section of the act "to create the office of Surveyor of Public Lands for the State 
of Louisiana," approved third March, one thousand eight hundred and thirty-one : 
Provided, always, That if the title of the claimant to such lands shall be contested 
by any other person, it shall and may be lawful for such person to present a peti- 
tion to the District Judge of the United States for the district in which the lands 
are situated, plainly and distinctly setting forth his title thereto, and praying the 
said Judge to hear and determine the same, a copy of which petition shall be 
served upon the adverse party thirty days before the time appointed for hearing the 
same. And provided, further, That it shall and may be lawful for the District Judge 
of the United States, upon the hearing of such petition, to grant an injunction to 
restrain the party at whose instance the claim to the lands has been confirmed, 
from suing out a patent for the same, until the title thereto shall have been finally 
decided, a copy of which order shall be transmitted to the Commissioner of the 
General Land Office, and thereupon no patent shall issue until such descision shall 
be made, or until sufficient time shall, in the opinion of the said Judge, have been 
allowed for obtaining the same ; and thereafter the said injunction shall be dissolved. 

Sec. 14. And be it further enacted, That the provisions of this act shall not ex- 
tend to any town lot, farm lot, or pasture lot, held under a grant from any corpo- 
ration or town to which lands may have been granted for the establishment of a 
town by the Spanish or Mexican Government, or the lawful authorities thereof, 



206 ADDENDA, NO. CIX. 

nor to any city, or town, or village lot, which city, town, or village existed on 
the seventh day of July, eighteen hundred and forty-six ; bnt the claim for the 
same shall be presented by the corporate authorities of the said town, or where the 
land on which the said city, town, or village was originally granted to an individ- 
ual, the claim shall be presented by or in the name of such individual, and the 
fact of the existence of the said city, town, or village on the said seventh of July, 
eighteen hundred and forty-six, being duly proved, shall be prima facie evidence of 
a grant to such corporation, or to the individual under whom the said lot-holders 
claim ; and where any city, town, or village shall be in existence at the time of 
passing this act, the claim for the land embraced within the limits of the same 
may be made by the corporate authority of said city, town, or village. 

Sec. 15. And be it further enacted, That the final decrees rendered by the said 
Commissioners, or by the District or Supreme Court of the United States, or any 
patent to be issued under this act, shall be conclusive between the United States 
and the said claimants only, and shall not affect the interests of third persons. 

Sec 16. And be it further enacted, That it shall be the duty of the Commis- 
sioners herein-provided for to ascertain and report to the Secretary of the Interior 
the tenure by which the Mission lands are held, and those held by civilized Indians, 
and those who are engaged in agriculture or labor of any kind, and also those 
which are occupied and cultivated by Pueblos or Rancheros Indians. 

Sec. 17. And be it further enacted, That each Commissioner appointed under 
this act shall be allowed and paid at the rate of six thousand dollars per annum ; 
that the Secretary of the Commissioners shall be allowed and paid at the rate of 
four thousand dollars per annum, and the clerks herein provided for shall be allowed 
and paid at the rate of one thousand five hundred dollars per annum ; the afore- 
said salaries to commence from the day of notification by the Commissioners of 
the first meeting of the board. 

Sec. 18. And be it further enacted, That the Secretary of the board shall receive 
no fee except for furnishing certified copies of any paper or record, and for issuing 
writs of subpoena. For furnishing certified copies of any paper or record, he shall 
receive twenty cents for every hundred words, and for issuing writs of subpoena, 
fifty cents for each witness ; which fees shall be equally divided between the said 
Secretary and the Assistant Clerk. 



No. CIX. 

DESCRIPTION OF LANDS, MESSUAGES TENEMENTS, AND THEIR 
APPURTENANCES, SITUATE IN THE CITY AND COUNTY 
OF SAN FRANCISCO, AND PATENTED TO JOSEPH SADOC 
ALEMANY, ROMAN CATHOLIC BISHOP OF MONTEREY, AS 
SUCCESSOR OF THE FORMER ROMAN CATHOLIC BISHOP 
OF CALIFORNIA, AS CORPORATION SOLE, REPRESENTING 
THE ROMAN CATHOLIC CHURCH IN THAT BEHALF. 

[This is Case No. 609, in the Land Commission, No. 425, in the District Court 
of the Northern District, and 388 in the Southern District. See 1 Hoffman's Rep., 



ADDENDA, NO. CIX. 207 

Appendix, page 83, No. 609. The introductory matter of the petition contains so 
much interesting information on points of history and of law that it is here copied.] 

[Extracts from Bishop Alemany's petition.] 

To the United States Commission for Ascertaining and Settling Land Claims in the 
State of California : 

That the Roman Catholic Church in the State of California, of which your 
petitioner is Bishop, under the title of "Bishop of Monterey" (and which consists 
of your petitioner as Bishop, the various Roman Catholic Parish Priests, and 
Catholic congregations, and people in the said State), is the owner of and entitled 
to various parcels of real estate, situated in the said State, appropriated to the 
uses of religion and to the public worship of God, and herein designated as Church 
property. 

That the government of the Catholic Church in California, prior to its conquest 
by and cession to the United States, was vested in the Roman Catholic Bishop of 
California ; that the territorial limits of your petitioner's Diocese of Monterey, and 
over which his jurisdiction extends, are the same as those of the former Mexican 
Bishopric of California, and that your petitioner is the lawful successor of the late 
Rt. Reverend Francisco Garcia Diego, the late Catholic Bishop of the Diocese of 
California, as the same existed under the former government of this State. 

Your petitioner further shows, that by the fundamental law of the Republic of 
Mexico, which was in force in the present State of California at the time of its 
conquest by, and cession to the United States, the Roman Catholic Church being 
the religion of all the people of Mexico, was recognized as such, and for the gov- 
ernment of said Church and its members, in all ecclesiastical matters, and in all 
things relating to the acquisition, transmission, use, and disposal of property, real 
or personal, belonging the Church, or devoted or appropriated to religious pur- 
poses or uses, or to the service of God. The Canon law of the Roman Catholic 
Church was adopted and recognized, and was in force as the law of the Republic 
of Mexico, as it also had been of the Kingdom of Spain, whilst Mexico was a 
dependency thereof. 

Your petitioner further shows, that the Diocese of California, as aforesaid, was 
and is divided into twenty-one missions and fifteen parishes, and that the property 
of the Church in the said Diocese consisted of Church edifices, houses for the use 
of the clergy and those employed in the services of the Church, etc. etc., and that 
the same do not include what were termed the Mission lands, or Mission Ranchos, 
but were entirely distinct therefrom. 

Your petitioner further shows, that by the Canon law aforesaid, and by the laws 
of Spain and Mexico, as the same were in force at the time of the cession of Cal- 
ifornia to the United States, the title, control, and administration of all ecclesias- 
tical or Church property was vested in the hands of the Bishop and Clergy of the 
Diocese, wirhin the territorial limits wherein the same was situated, and who for 
such purposes were regarded as a body corporate, the existence and succession of 
which was recognized by law, and the title, administration, and control of the 
Church property in the Mexican province of California, and vested in the Bishop 
and Clergy of said Diocese of California, then attached to and forming part of the 
Catholic Church of Mexico. 

That by the conquest of California by, and its session to the United States, the 
said Diocese of California became attached to and made a part of the Catholic 



208 ADDENDA, NO. CIX. 

Church of the United States, which is under the government of a National Synod 
of the ecclesiastical authorities thereof, periodically held in the City of Baltimore, 
in the State of Maryland. 

That by the Canon law and statutes of the said National Synod of Baltimore 
aforesaid, as the same are in force in the Catholic Church in the United States, 
and formed the regulations and discipline thereof, the Church property in the 
United States is for motives of convenience, directed to be held by the various 
Bishops of the several Dioceses, and that at a Diocesan Convention of the Bishop 
and Clergy of said Diocese of Monterey, held in the City of San Francisco in the 
month of March, one thousand eight hundred and fifty-two, and at which the said 
missions and parishes are duly represented, it was for the purpose of conforming 
the administration of the temporalities of the Catholic Church in California to the 
system prevailing throughout the States of the American Union, and to the 
exigencies arising from the adoption by the State of California of the common 
law, with its system of land tenures, resolved unanimously, that your petitioner, 
as Bishop of the Diocese of Monterey, and on behalf the Catholic Church and 
Catholic people of the State of California, and for the purposes of preserving the 
same to the sacred uses and purposes to which it has been dedicated, and for which 
it has heretofore been used, should petition your honor for a confirmation to him 
and his successors of the aforesaid Church property within the State of Cali- 
fonia, to be held by him and them in trust for the various religious uses and pur- 
poses to and for which it has been devoted. 

Your petitioner further shows, that for the purpose of being enabled to hold the 
said Church property as aforesaid, and administering the temporalities of the said 
Church, and managing the estate and property thereof, as required by the rules, 
regulations, and discipline of the said Roman Catholic Church, he has been duly 
incorporated as a sole corporation, and by virtue of the statute of California, 
passed April 22d, 1850, and amended May 4th, 1852, under the name and title of 
"Bishop of Monterey," as aforesaid. 

The lands situate in San Francisco County, are thus described in the decree of 
confirmation : 

" The Church and the buildings adjoining it, being the same which are known 
as the Church and Mission buildings of the Mission of San Francisco, in the 
County of San Francisco, commonly called the Mission Dolores, together with the 
land on which the same are erected, and the curtilage and appurtenances thereto 
belonging ; and the cemetery adjoining, according to its ancfent limits and bound- 
aries ; also, the premises known as the Mission Garden, lying in the rear of said 
Church, adjoining the same and the cemetery above-mentioned, with the ancient 
limits and boundaries of the same as used and occupied by the priests of said 
Mission ; and also, another garden of said Mission, situated in front of said Church, 
and on the opposite side of the street, with the ancient limits and boundaries of the same, 
as long used and occupied by said priests ; reference for the description of these two 
last-mentio;;ed parcels of land to be had to the map, numbered nineteen, in the atlas 
before mentioned,* where the same is delineated, each parcel being designated by 
the word " Garden." 

* The atJas herein referred to is described in another portion of this same decree, as an 
" atlas, marked ' Exhibit No. 1, A, F,' and annexed to the deposition of James Alexander 
Forbes, filed in this case November 29, 1854." The lands indicated as " another garden of 
said Mission, situated in front of said Mission, and on the opposite side of the street," etc., 



ADDNDA, NO. CX. 209 



No. CXX. 

EXTRACTS FROM THE PUBLISHED PRINTED PROCEEDINGS OF 
THE AYUNTAMIENTO OF SAN FRANCISCO, FOR THE YEARS 
1849, 1850 ; SHOWING AN ASSERTION OF THE CLAIM OF THE 
PUEBLO OF SAN FRANCISCO FOR ITS PUEBLO LANDS, BY 
THE AYUNTAMIENTO, THE ALCALDES, THE CITIZENS, THE 
PREFECT, AND THE GOVERNOR OF CALIFORNIA* 

[August 17th, 1849, p. 54 — Ayuntamiento.] 

An application for town lots was referred to the Committee on Streets, and, at 
the request of the Alcalde, the following motion was adopted : 

Resolved, That the Alcalde is hereby prohibited from selling or disposing of any 
town or public lands, by grant or otherwise, unless under the special ordinance of 
this Council. 

Mr. Harris gave notice that, at the next meeting, he should introduce a resolu- 
tion to offer the public lands and other public property, belonging to the town of 
San Francisco, for sale to the highest bidder. 

[November 3d, 1849, p. 78— Ayuntamiento.] 

A plan for disposing of the public lands, not heretofore granted, was submitted 
to the Council by the Alcalde, and, after some discussion, it was 

Resolved, That the City Surveyor be and he hereby is directed to project on the 
official map, the lines of Larkin, Hyde, and Leavenworth streets to their inter- 
section with Market Street; and, also, regularly to lay out on said map the 
unsurveyed ground lying between Market and Post streets, and east of the line of 
Larkin Street ; the above-described ground to be divided into lots of fifty varas 
square each, and properly numbered on the map of the city. 

Resolved, That the Surveyor be further directed to project the one hundred-vara 
lots to the Mission Bay and back to their junction on Market Street, with Leaven- 
worth Street. 

[November 5th, 1849, p. 80— Ayuntamiento.] 

Resolved, That one hundred and eighty of the town lots, of fifty varas each, 
and twenty of one hundred varas each, as laid down and numbered on the map of 
the town, recently made under the survey of Wm. M. Eddy, Esq., City Surveyor, 
and not heretofore granted or disposed of, shall be sold at public auction on the 
nineteenth day of November, instant, under the direction of the Alcalde, to the 

are situate in the north-east angle of Dolores and Center streets. For the theory under which 
these churches, Mission buildings, cemeteries, and gardens were thus secured to the Eoman 
Catholic Church in private ownership, see §§ 26, 79, etc., of the Argument, and authorities 
there cited. 

* The sales of Municipal Lands ordered to take place by the resolutions and ordinances 
which are herein referred to, were made in pursuance of said orders, and generally took 
place on the days indicated, although some of them were adjourned. There were other 
sales ordered in like manner, and which also took place. These sales of the upland property 
of the Pueblo, which thus took place by order of the Ayuntamiento, constitute the most 
common source of title of that kind of property. Orders for the sale of the water lots of 
the city have not been referred to, as the title to that kind of property is not claimed under 
the four-league grant to the Pueblo. 

15* 



210 ADDENDA, NO. CX. 

highest bidder, the purchasers paying therefor a commission of five per cent, on 
the amount of the purchase, to be applied towards defraying the expefises attend- 
ant upon such sale. 

[ November 19th, 1849, p. 82— Atuntamiento.] 
Resolved, That one hundred and eighty fifty-vara lots, and thirty hundred-vara 
lots be sold at public auction on Wednesday, December 28th, a.d. 1849, upon the 
same conditions as the last sale. 

[ December 1st, 1849, p. 88— Atuntamiento.] 
Be it ordained, That two hundred fifty-vara town lots be sold at public auction 
on Friday, the tenth instant. 

[ December 10th, 1849, p. 94— Atuntamiento.] 
Resolved, That the Alcalde be, and is hereby authorized to grant to any or all 
applicants, lots of one hundred varas, at and for the price of five hundred dollars 
each, and for fifty-vara lots, two hundred dollars each, and that such grants be 
continued for the space of thirty days from the fifteenth instant. 

[December 21st, 1849, p. 98— Atuntamiento.] 
On motion of Col. Steuart, that, whereas, it has this day been made to appear 
to Ayuntamiento that J. Q. Colton, a Justice of the Peace, in and for the town of 
San Francisco, has assumed the authority and pretends to exercise the right of 
selling, granting, and disposing of lots within the limits of said town, 

Resolved, That Arch'd C. Peachy, Esq., City Attorney, be directed to institute 
legal proceedings against the said Colton to restrain him in such illegal and un- 
warrantable practices, and to make him amenable, by due process of law, for a 
misdemeanor and malfeasance in office. 

[December 24th, 1849, p. 104— Atuntamiento.] 
Resolved, That one hundred and fifty town lots in San Francisco be sold at 
public auction on the twentieth day of January next. 

[ February 20th 1850, p. 150— Prefect.] 
A certified copy of an order from the Governor, prohibiting the further sale of 
municipal lands in San Francisco until further order from the Executive, or until 
the Legislature shall pass some act in reference to said lands, was read and laid 
upon the table. 



MESSAGE OF THE PREFECT. 

To the Ayuntamiento, communicating the Governor's order, suspending the sale of 
Municipal Lands, and enjoining the Ayuntamiento, Justices of the Peace, 
and all other officers to observe it, Feb. \Sbth, 1850. 

Prefecture of San Francisco, ) 
February 19th, 1850. J 

To the Hon. Ayuntamiento of the Town of San Francisco : 

An order of his Excellency, the Governor of the State of California, has been 
received and placed on file in this Prefecture, of which the accompanying is a true 
copy, suspending all sale of Municipal Lands in the City of San Francisco, till 



ADDENDA, NO. CX. 211 

the further order of the Executive, or the Legislature shall have passed some act 
in reference to said lands. 

The Honorable Ayuntamiento, Alcaldes, Justices of the Peace, and all others 
whom it may concern, will govern themselves accordingly. 
I have the honor to be with the highest consideration, &c, 

HORACE HAWES, 

Prefect of San Francisco. 



GOVERNOR'S PROCLAMATION. 

Whereas, It hath been represented to the undersigned that a large sum of money 
has been raised by the sale of Municipal Lands in the City of San Erancisco, a 
sum more than sufficient for all the wants of the city government, and that no 
further sale of said Municipal Lands is demanded, either for purposes of rev- 
enue, or for the settlement and improvement of the city. Now, therefore, I, Peter 
H. Burnett, Governor of the State of California, in the name and by the authority 
of the People of said State, do order and declare that no further sales of the 
Municipal Lands of said city shall be made, until the further order of the 
Executive, or until the Legislature shall pass some act in reference to said lands. 

Given under my hand at San Jose, the fifteenth day of February, in the year of 
our Lord, eighteen hundred and fifty, and of the Independence of the United 
States, the seventy -fourth. 

(Signed) PETER H. BURNETT, 

Governor of California. 



[Page 232 -Prefect.] 
OFFICIAL COMMUNICATION 

Of the Prefect to Governor Burnett respecting the action of the Ayuntamiento. 
Prefecture of the District of San Francisco, ) 
February 27th, 1850. ) 

To His Excellency, the Governor — 

Sir : I have the honor to inclose hei-ewith, the copy of a communication sent 
to the Ayuntamiento on Monday evening, in order that your Excellency may be 
informed of the progress of affairs in this district. 

I regret to inform your Excellency that the Ayutamiento appear to be de- 
termined to break loose from all checks that the law has established, and to set 
the superior authorities at defiance. It will be perceived from the enclosed copy 
of a letter from their Secretary, and the printed hand-bill which was sent me, 
accompanying it, that they intend to proceed with the sale of Municipal Lands, 
and the probability is that no account will be rendered by them on the first of 
March. This state of things is exciting a high state of alarm with the public, who 
have sought in vain to know what has become of the immense sums of money 
that have already been raised, and now see that all that remains of the Public 
Property of the City is about to be swallowed up and dissipated as effectively 
as if it was sunk in the bottom of the sea. 

******* 
I have the honor to be, with high consideration of respect, 

Your Excellency's obedient servant, 

HORACE HAWES, Prefect. 



212 ADDENDA, NO. CX. 

[Page 239— Prefect.] 

Prefecture of San Francisco, ) 
March 15th, 1850. ) 

To the Ayuntamiento of San Francisco — 

Gentlemen : I have learned by examinations made by my direction, that at 
several auction sales of Municipal Lands situated in the Town of San 
Francisco, made by the order of the Ayuntiamento, a large number of lots were 
purchased by members of that body, and several by their Secretary, the auctioneer, 
one of the Alcaldes, and by business partners of members. I give below a list for 
your information, including the number of the lot, the date of sale, and name of 
purchaser. 

[Here follows a list of alleged purchases made by members of the Ayuntamiento.] 

The existing law of this county contains the most minute regulations respecting 
the management of Municipal Property, and the powers of the Ayuntamiento 
in respect to it. These regulations strictly prohibit any member of the corpora- 
tion, whether Alcalde, Regidor, or Sindico, or Secretary, from purchasing, renting, 
or being directly or indirectly interested in the purchase or renting any part of 
the Lands of the Pueblo in which they officiate. This principle of the ex- 
isting law, so necessary to secure the fidelity and impartiality of these officers in 
the administration of municipal affairs, was introduced into the Spanish Ordinances 
for the government of Pueblos three hundred and fifty years ago, and has been 
preserved during all the changes and modifications which those ordinances have 
undergone in the Mexican Republic. By the rules of the common law also, as 
recognized in the United States, it is believed that the same principle would hold 
good, and be rigidly enforced by a Court of Equity acting under it. The reason 
of the rule is obvious. A man cannot be the seller and buyer of property at the 
same time. Those who are intrusted with property to sell, or dispose of other- 
wise, cannot directly, or by the intervention of a third party, transfer it to them- 
selves, or convert it to their own use. It is to take away every temptation to fraud 
and collusion in the management of property held in trust, that Courts are rigid 
in the enforcement of this most salutary principle, and vigilant in detecting every 
artifice that may be adopted to evade it. 

Considering the legal disqualification to purchase Pueblo Lands, especially 
at auction sales, as extending, not only to members of the Ayuntamiento, but to 
those connected with them in business, as partners, as well as to the Auctioneer, or 
agent, by whose intervention the sale is effected, I have to inform you that the 
sales of the lots above-specified, and all other sales made by the Ayuntamiento to 
any one of their own body, since the first of August last, are disapproved and 
annulled, expressing at the same time, the opinion that the purchasers have no 
claim, in law or equity to recover back that portion, if any, of the purchase money 
which they may have paid. 

From this decision the Ayuntamiento, or any party interested, will have the 
right to appeal to the Governor. 

It is proper for me to observe that I have never received any account from the 
Ayuntamiento of the lands sold by them, or of their receipts and disbursements, 
and that information of the above-mentioned purchases has been procured by me 
with some difficulty. 

[Official.] HORACE HAWES. 

Prefect of San Francisco. 

Geo. W. Punchard, Secretary. 



ADDENDA, NO. CX. 213 

[April 1st, 1850, p. 189— Governor.] 

"Whereas, the Ayuntamiento of the City of San Francisco hath transmitted to the 
undersigned official reports from the City Treasurer, City Comptroller, and First 
Alcalde, exhibiting the receipts and expenditures of the city from the sixth day of 
December, 1849, to the fourth day of March, 1850; and also a List of Muni- 
cipal Lands sold, showing to whom sold, the price for which they were sold, 
and a description of each lot sold from the sixteenth day of November, 1849, to 
the fourth day of March, 1850; and whereas, it appears from these and other 
statements, that a greater amount of funds will be required to finish certain pro- 
jected public improvements in said city (for the construction of which contracts 
have already been entered into) than can be raised from taxation and the payment 
yet to become due upon the sales of lots heretofore made : 

Now, therefore, I, Peter H. Burnett, Governor of the State of California, do 
by these presents, in the name and by the authority of the People of California, set 
aside the Order of the Executive, suspending the sales of said lands, bearing date 
the fifteenth day of February, a.d. 1850. 

Given under my hand, at the Pueblo de San Jose, this twenty-ninth day of 
March, in the year of our Lord, eighteen hundred and fifty, and of the Independ- 
ence of the United States the seventy -fourth. 

PETER H. BURNETT. 



[Page 237— Prefect.] 
PROCLAMATION 

By the Prefect countermanding the sales of Municipal Lands advertised by the Ayunta- 
miento in violation of the Governor's order. 
All further sales of the Municipal Lands op the Town op San Francisco 
are suspended for the present, and the public are hereby warned against purchas- 
ing at the sale advertised to take place by order of the Ayuntamiento on Friday, 
March 15th, or paying any money on account of them. The said sale is unauthor- 
ized, and under it the purchaser will acquire no title. The Governor, in the 
exercise of the power conferred upon him by law, by an order of the 1 5th of Feb- 
ruary, 18*0, duly communicated to all the authorities of the district and published, 
has suspended for the present all further sales of the Municipal Lands of 
San Francisco. That order is still in full force. It was necessary in order to 
save the city a small remnant of the public property, the greater part of which has been 
disposed of by the Ayuntamiento in less than six months, without rendering any 
account of the proceeds. 

9fe ■ ■' ' jit AI& ^i. *u- -it &- 

Given under my hand at the Prefecture of San Francisco, this thirtieth day of 
March, a.d. 1850. 

[Official.! HORACE HAWES, 

Prefect of the District of San Francisco. 
Geo. "W. Punchard, Secretary. 



214 ADDENDA, NO. CXI. 



No. CXI. 

LAWS OF THE UNITED STATES, AUTHORIZING THE ENTRY OF 
PUBLIC LANDS IN THE LAND OFFICES OF THE UNITED 
STATES, IN TRUST, FOR THE BENEFIT OF THE INHABIT- 
ANTS OF TOWNS, VILLAGES, AND CITIES. 

The following are the laws of Congress, and sections thereof, which have 
application to this case, and for convenient reference are herewith given : 

Act of Congress, September 4th, 1841, " To Appropriate the Proceeds of the Sales of 
the Public Lands, and to Grant Preemption Rights." 

[United States Statutes at Large, Vol. V., Pages 453-457.] 

Sec. 8. And be it further enacted, That there shall be granted to each State 
specified in the first section of this act, 500,000 acres of land, for purposes of 
internal improvement : Provided, That to each of the said States, which has already 
received grants for said purposes, there is hereby granted no more than a quantity 
of land which shall, together with the amount such State has already received, as 
aforesaid, make 500,000 acres ; the selections in all of the said States to be made 
within their limits, respectively, in such manner as the Legislatures thereof shall 
direct ; and located in parcels conformably to sectional divisions and subdivisions, 
of not less than three hundred and twenty acres in any one location, on any public 
land, except such as is, or may be reserved from sale by any law of Congress, or 
proclamation of the President of the United States ; which said locations may be 
made at any time after the lands of the United States, in said States, respectively, 
shall have been surveyed according to existing laws. And there shall be, and 
hereby is, granted to each new State that shall be hereafter admitted into the 
Union, upon such admission, so much land as, including such quantity as may 
have been granted to such State before its admission, and while under a Terri- 
torial Government, for purposes of internal inprovement, as aforesaid, as shall 
make 500,000 acres of land, to be selected and located as aforesaid. 

Sec. 10. And be it further enacted, That from and after the passage of this act, 
every person being the head of a family, or widow, or single man, over the age of 
twenty-one years, and being a citizen of the United States, or having filed his 
declaration of intention to become a citizen, as required by the Naturalization 
Laws, who, since the first day of June, a.d. 1840, has made, or shall hereafter 
make, a settlement in person on the public lands to which the Indian title had 
been, at the time of such settlement, extinguished, and which has been, or shall 
have been, surveyed prior thereto, and who shall inhabit and improve the same, 
and who has or shall erect a dwelling thereon, shall be, and is hereby, authorized to 
enter with the Register of the Land Office for the district in which such land may 
lie, by legal subdivisions, any number of acres, not exceeding one hundred and 
sixty, or a quarter section of land, to include the residence of such claimant, upon 
paying to the United States the minimum price of such lands, subject, however, 
to the following limitations and exceptions : No person shall be entitled to more 
than one preemptive right by virtue of this act ; no person who is the proprietor of 
three hundred and twenty acres of land in any State or Territory of the United 



ADDENDA, NO. CXI. 215 

States, and no person who shall quit or abandon his residence on his own land to 
reside on the public land in the same State or Territory, shall acquire any right of 
preemption under this act ; no lands included in any reservation, by any treaty, 
law, or proclamation of the President of the United States, or reserved for salines, 
Or for other purposes ; no lands reserved for the support of schools, nor the lands 
acquired by either of the two last treaties with the Miami tribe of Indians in the 
State of Indiana, or which may be acquired of the Wyandot tribe of Indians in 
the State of Ohio, or other Indian reservation to which the title has been, or may 
be extinguished by the United States, at any time during the operation of this 
act ; no sections of land reserved to the United States, alternate to other sections 
granted to any of the States for the construction of any canal, railroad, or other 
public improvement; no sections, or fractions of sections, included within the 
limits of any incorporated town ; no portions of the public lands which have been 
selected as the site for a city or town ; no parcel or lot of land actually settled and 
occupied for the purposes of trade, not agriculture ; and no lands on which are 
situated any known salines, or mines, shall be liable to entry under and by virtue 
of the provisions of this act. And so much of the proviso of the act of twenty- 
second of June, 1838, or any order of the President of the United States, as 
directs certain reservations to be made in favor of certain claims under the treaty 
of Dancing-Rabbit Creek, be, and the same is hereby, repealed : Provided, That 
such repeal shall not affect any title to any tract of land secured in virtue of said 
treaty. 

Sec. 14. And be it further enacted, That this act shall not delay the sale of any 
of the public lands of the United States beyond the time which has been, or may 
be, appointed by the proclamation of the President ; nor shall the provisions of 
this act be available to any person or persons who shall fail to make the proof and 
payment, and file the affidavit required, before the day appointed for the com- 
mencement of the sales as aforesaid. 

An Act for the Relief of the Citizens of Towns upon the Lands of the United States, 

under certain circumstances. 

[United States Statutes at Large, Vol. V, Page 657, Chapter 17.] 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That whenever any portion of the surveyed public 
lands has been, or shall be settled upon and occupied as a town site, and, therefore, 
not subject to entry under the existing preemption laws, it shall be lawful in case 
such town or place shall be incorporated, for the corporate authorities thereof, and, 
if not incorporated, for the Judges of the County Court for the county in which 
such town may be situated, to enter at the proper land office, and at the minimum 
price, the land so settled and occupied, in trust, for the several use and benefit of 
the occupants thereof, according to their respective interest; the execution of 
which trust, as to the disposal of the lots in such town, and the proceeds of the 
sales thereof, to be conducted under such rules and regulations as may be 
prescribed by the legislative authority of the State or Territory in which the same 
is situated : Provided, That the entry of the land intended by this act be made prior 
to the commencement of the public sale of the body of land in which it is 
included, and that the entry shall include only such land as is actually occupied 
by the town, and be made in conformity to the legal subdivisions of the public 
lands authorized by the act of twenty-fourth of April, one thousand eight hundred 
and twenty, and shall not in the whole exceed three hundred and twenty acres : 



216 ADDENDA, NO. CXII. 

And provided, also, That any act of said trustees, not made in conformity to the 
rules and regulations herein alluded to, shall be void and of none effect : And 
provided, also, That the corporate authorities of the town of Weston, in the county 
of Platte, State of Missouri, or the County Court of Platte County in said State, 
shall be allowed twelve months from and after the passage of this act, to enter at 
the proper land office the lands upon which said town is situate. 

Act of March 3d, 1853, " Providing for the Survey of the Public Lands in California, 

the Granting of Preemption Rights therein, and for other purposes." 

[United States Statutes at Large, Vol. X, Pages 244, 247.] 

Sec. 8. And be it further enacted, That the public lands, not being mineral 
lands, occupied as towns or villages, shall not be subdivided, or subject to sale, or 
to be appropriated by settlers, under the provisions of this act : but the whole of 
such lands, whether settled upon before or after the survey of the same, shall be 
subject to the provisions of the act entitled " An Act for the Relief of the Citizens 
of Towns upon the Lands of the United States, under certain circumstances," 
approved May 23d, 1844; except such towns as are located on or near mineral 
lands, the inhabitants of which shall have the right of occupation and cultivation 
only until such time as Congress shall dispose of the same; nor shall any 
lands specially reserved for public uses be appropriated under the provisions of 
this act. 



No. CXII. 

AN ACT OF THE LEGISLATURE OF THE STATE OF CALIFOR- 
NIA, APPROVED MARCH 11, 1858, CONFIRMING CERTAIN 
ORDINANCES OF THE COMMON COUNCIL OF THE CITY 
OF SAN FRANCISCO, PASSED IN THE YEAR 1855 AND 1856, 
AND COMMONLY CALLED, IN THE AGGREGATE, " THE 
VAN NESS ORDINANCE," RELATING TO THE DIS- 
POSITION OF CERTAIN LANDS THEREIN MENTIONED, 
AND CLAIMED, OR TO BE CLAIMED, AS THE PATRIMONY 
OF THE CITIZENS OF THE CITY OF SAN FRANCISCO. 

An Act concerning the City of San Francisco, and to ratify and 
confirm certain ordinances of the common council of said 
City. Approved March 11, 1858. 

[Laws of 1858, Chapter 66, Page 52, etc.] 

The People of the State of California, represented in the Senate and Assembly, do 

enact as 



Section 1. Whereas, The Common Council of the City of San Francisco 
passed an ordinance, approved by the Mayor, on the twentieth day of June, a.d. 
one thousand eight hundred and fifty-five, which ordinance is in the words and 
figures following, to wit : 



ADDENDA, NO. CXII. 217 

Number Eight Hundred and Twenty-Two — Ordinance for the Settlement and Quieting 
of the Land Titles in the City of San Francisco. 

The People of the City of San Francisco do ordain as follows : 

§ I. It shall be the duty of the Mayor to enter, at the proper land office of the 
United States, at the minimum price, all the lands above the natural high-water 
mark of the Bay of San Francisco, at the time of the admission of California into 
the Union as a State, situated within the corporate limits of the City of San Fran- 
cisco, as defined in the act to incorporate said city, passed April fifteenth, one 
thousand eight hundred and fifty-one, in trust for the several use, benefit, and 
behoof of the occupants or possessors thereof, according to their respective interests. 

§ 2. The City of San Francisco hereby relinquishes and grants all the right and 
claim of the city to the lands within the corporate limits, to the parties in the actual 
possession thereof, by themselves or tenants, on or before the first day of January, 
a.d. one thousand eight hundred and fifty-five, and to their heirs and assigns for- 
ever ; excepting the property known as the Slip Property, and bounded on the 
north by Clay Street, on the west by Davis Street, on the south by Sacramento 
Street, and on the east by the Water-Lot Front. And excepting also, any piece or 
parcel of land situated south, east, or north of the Water-Lot Front of the City 
of San Francisco, as established by an act of the Legislature of March twenty- 
sixth, a.d. one thousand eight hundred and fifty-one :.,• Provided, such possession 
has been continued up to the time of the introduction of this ordinance in the Com- 
mon Council ; or, if interrupted by an intruder or trespasser, has been, or may be, 
recovered by legal process ; and it is hereby declared to be the true intent and 
meaning of this ordinance, that when any of the said lands have been occupied 
and possessed under and by virtue of a lease or demise, they shall be deemed to 
have been in the possession of the landlord or lessor under whom they were so 
occupied or possessed : Provided, that all persons who hold title to lands within 
said limits by virtue of a:iy grant made by any Ayuntamiento, Town Council, 
Alcalde, or Justice of the Peace of the former Pueblo of San Francisco, before the 
seventh day of July, one thousand eight hundred and forty-six ; or grants to lots 
of land lying east of Larkin Street and north-east of Johnson Street, made by any 
Ayuntamiento, Town Council, or Alcalde, of said pueblo, since that date, and 
before the incorporation of the City of San Francisco by the State of California ; 
and which grant, or the material portion thereof, was registered, or recorded in a 
proper book of record deposited in the office, or custody, or control of the Recorder 
of the County of San Francisco, on or before the third day of April, a.d. one thou- 
sand eight hundred and fifty ; or by virtue of any conveyance duly made by the 
Commissioners of the Funded Debt of the City of San Francisco, and recorded on 
or before the first day of January, one thousand eight hundred and fifty-five, shall, 
for all the purposes contemplated by this ordinance, be deemed to be the possessors 
of the land so granted, although the said lands may be in the actual occupancy 
of persons holding the same adverse to the said grantees. 

§ 3. The patent issued, or any grant made by the United States to the city, 
shall inure to the several use, benefit, and behoof of the said possessors, their heirs 
and assigns, mentioned in the preceding section, as fully and effectually, to all 
intents and purposes, as if it were issued or made directly to them individually and 
by name. 

§ 4. The city, however, as a consideration annexed to the next two preceding 
sections, reserves to itself all the lots which it now occupies, or has already set 



218 ADDENDA, NO. CXII. 



apart for public squares, streets, and sites for school-houses, city-hall, and other 
buildings belonging to the corporation ; and also such lots and lands as may be 
selected and reserved for streets and other public purposes, under the provisions of 
the next succeeding sections. 

§ 5. The city shall have the right to proceed to lay out and open streets, as soon 
as the corporation may deem it expedient, in that part of the city west of Larkin 
Street and south-west of Johnson Street, and reserves the right to take possession 
of such lands as it may be necessary to occupy for that purpose, without compen- 
sation ; and to assess, in the manner provided by the present, or any existing char- 
ter of the city, upon the lands bounded on such streets, the whole expense of lay- 
ing out, opening, grading, and constructing the same ; and payment of the costs 
of said improvements shall be deemed a charge upon the lands mentioned in this 
section, to which the City of San Francisco relinquishes her right and title by the 
second and third sections of this ordinance. 

§ 6. The city shall also have the right to select and set apart, from the lands 
west of Larkin Street and south-west of Johnson Street, as many lots, not exceed- 
ing one hundred and thirty-seven and a half feet square each, as the Mayor and 
Common Council may, by ordinance, determine to be necessary for sites for school- 
houses, hospitals, tire-engine-houses, and other public establishments necessary and 
proper for the use of the corporation ; and may lay out and reserve upon the said 
lands, at convenient and suitable points and distances, public squares, which shall 
not embrace more than one block, corresponding in size with the adjoining blocks ; 
Provided, that the selection shall be made within six months from the time of the 
passage of this ordinance; and that the city shall not, without due compensation, 
occupy, for the purposes mentioned in this section, after the laying out the streets 
aforesaid, more than one-twentieth part of the land in the possession of any one 
person ; and that such possessor shall voluntarily assent thereto ; or, refusing to do 
so, shall not be entitled to the benefit of any concession contained in the second 
and third sections of this ordinance. 

§ 7. The lots and lands reserved for the use of the corporation, under the pro- 
visions of the next preceding section, shall be selected in localities likely to be 
most convenient and suitable for their respective uses, and in such proportion to 
the quantity in the possession of the respective occupants as to make the apportion- 
ment as nearly equal as circumstances will admit. 

§ 8. The selection of said lands and lots shall be made by a Commission to 
consist of three persons, who shall be chosen by the Common Council, in joint 
convention, who shall report the same to the Common Council, for its approval ; 
and, upon such approval deeds of release to the corporation for the lands thus 
selected shall be executed, acknowledged, and recorded, in which deeds shall be 
specified the uses for which they are granted, reserved, and set apart, respectively. 

§ 9. Although the city hereby renounces in favor of the actual possessors, in 
accordance with the provisions of section second, any right or claim of its own, 
nothing in this ordinance is intended to prejudice any outstanding title to the said 
lands adverse to the said possessors. 

§ 10. Application shall be made to the Legislature to confirm and ratify this 
ordinance, and to Congress to relinquish all the right and title of the United States 
to the said lands, for the uses and purposes hereinbefore specified. 

§ 11. Nothing contained in this ordinance shall l>e construed to prevent the 
city from continuing to prosecute, to a final determination, her claim now pending 
before the United States Land Commission, for pueblo lands, for the several use, 



ADDENDA, NO. CXII. 219 

benefit, and behoof of the said possessors mentioned in section two, as to the lands 
by them so possessed, and for the proper use, benefit, and behoof of the corporation 
as to all other lands not herein-before released and confirmed to the said possessors. 

§ 12. That all ordinances, or parts of ordinances, conflicting with this ordinance, 
or any of its provisions, be and the same are hereby repealed. 

Approved, June twentieth, one thousand eight hundred and fifty-five. 

S. P. Webb, Mayor. 

And whereas, The said Common Council passed another ordinance, approved by 
the Mayor of said city, September twenty-seventh, a.d. one thousand eight hundred 
and fifty-five, which last-mentioned ordinance is in the words and figures following, 
to wit : 

Number Eight Hundred and Forty-Five — Ordinance providing for Selecting and 
Designating Public Squares and Reservations for Hospitals, Fire-Engines, and 
School Purposes, and for adopting the Plan of Streets, in the Western and 
South- Western portion of the City, according to the Provisions of Ordinance 
Number Eight Hundred and Twenty -Two, and confirmatory of said Ordinance 
Number Eight Hundred and Twenty-Two. 

The People of the City of San Francisco do ordain as follows : 

§ 1 . Under and by virtue of the provisions of the Ordinance of the Common 
Council, Number Eight Hundred and Twenty-Two, entitled " An Ordinance 
for the Settlement and Quieting of Land Titles in the City of San Francisco, 
approved June twentieth, one thousand eight hundred and fifty-five," the Board of 
Aldermen and Board of Assistant Aldermen shall meet in joint convention at their 
next regular meeting after the passage of this ordinance, and proceed to elect 
three Commissioners, who shall have the powers, and proceed to discharge the 
duties specified in section eight of said Ordinance Number Eight Hundred and 
Twenty-Two. 

§ 2. It shall be the duty of the City Surveyor, acting in conjunction with the 
said Commissioners, and with their concurrence, to furnish, by way of recommend- 
ation, to the Common Council, within one month from the date of their appoint- 
ment, a plan for the location and dimensions of the streets to be laid out within 
the city limits, west of Larkin, and south-west of Johnston streets, upon which plan 
shall also be designated the lots and grounds selected by the said Commissioners 
for the use of the city under the provision of the aforesaid Ordinance Number 
Eight Hundred and Twenty-Two ; Provided, that the compensation of said Com- 
missioners shall not exceed the sum of one hundred dollars each, payable when 
the Common Council may legally make an appropriation therefor. 

§ 3. The said Ordinance Number Eight Hundred and Twenty-Two, referred to 
in the preceding section one, is hereby re-ordained, ratified, and confirmed in all its 
parts. 

Approved September twenty-seventh, one thousand eight hundred and fifty-five. 

James Van Ness, Mayor. 

And whereas, In pursuance of the aforesaid ordinances, Commissioners were 
appointed by the Common Council, who, in conjunction with the City Surveyor of 
said city, agreed upon, and reported for the approval of the Common Council a 
plan for the location of streets, public squares, and lots for public uses, to be laid 
out west of Larkin and south-west of Johnston streets, in said city, accompanied 



220 ADDENDA, NO. CXII. 

by a map of the same, which said plan and map was, by the Justices of the Peace, 
exercising the powers of a Board of Supervisors of the City and County of San 
Francisco, adopted, approved, and ratified, by an order bearing date the sixteenth 
day of October, a.d. one thousand eight hundred and fifty-six, which is in the 
words and figures following, to wit : 

The Board of Supervisors of the City and County of San Francisco do ordain as 

follows : 

§ 1. That the Plan or Map of the Western Addition, reported by the Commis- 
sion created under an ordinance of the last Common Council of the City of San 
Francisco, be adopted by this board, and be declared to be the plan of the city, in 
respect to the location and establishment of streets and avenues, and the reservation 
of squares and lots for public purposes, in that portion of the then incorporated 
limits of said city, lying west of Larkin and south-west of Johnston streets. 

Be it therefore enacted, That the within and before-recited order and ordinances 
be, and the same are hereby ratified and confirmed ; and all the land entered, or to 
be entered, in the United States Land Office, in pursuance of section one of the 
first-recited of said ordinances, in trust, shall pass and inure to, and be deemed to 
have immediately vested in the occupants thereof, for their several use and benefit, 
according to their respective interests, in execution of the trust designated in an 
act of Congress entitled, " An Act for the Relief of Citizens of Towns upon the 
Public Lands of the United States, under certain circumstances," approved May 
twenty-third, one thousand eight hundred and forty-four, as extended and applied 
by an act of Congress, entitled, " An Act to provide for the Survey of the Public 
Lands in California, the Granting of Preemption Rights therein," and for other 
purposes, approved March third, one thousand eight hundred and fifty-three ; and 
it shall be the duty of all Courts and officers to take judicial notice of the said order 
and ordinances, as hereinbefore recited, without further proof, as fully and effec- 
tually, to all intents and purposes, as if they were public acts of the State Legis- 
lature. 

§ 2. That the grant or relinquishment of title made by the said city in favor of 
the several possessors, by sections two and three of the ordinance first-above recited, 
shall take effect as fully and completely, for the purpose of transferring the city's 
interest, and for all other purposes whatsoever, as if deeds of release and quit-claim 
had been duly executed and delivered to and in favor of them individually, and by 
name ; and no further conveyance or other act shall be necessary to invest the said 
possessors with all the interest, title, rights, benefits, and advantages, which the 
said order and ordinances intend or purport to transfer or convey, according to the 
true intent and meaning thereof; Provided, that nothing in this act shall be so con- 
strued as to release the City of San Francisco, or City and County of San Fran- 
cisco, from the payment of any claim or claims, due or to become due this State 
against said city, or city and county ; nor to affect or release to said city and county 
any title this State has, or may have, to any lands in said City and County of San 
Francisco. 



ADDENDA, NO. CXIII. 221 



No. CXIII. 

RESERVATIONS MADE BY THE AUTHORITIES OE THE UNITED 
STATES, EOR THE USE OF THE FEDERAL GOVERNMENT, 
OF LANDS SITUATE WITHIN AND NEAR THE PENINSULA 
OF SAN FRANCISCO, AND NOT INCLUDED IN THE CON- 
FIRMATION OF FOUR LEAGUES OF LAND TO THE CITY 
OF SAN FRANCISCO. 

[No. I.] 

War Department, 
Washington, November 7th, 1850. 

Sir : I am directed by the Secretary of War to inclose to you this communi- 
cation, from the President of the United States, exempting from sale and reserving 
for public purposes, certain pieces and tracts of land, in the State of California. 

With great respect, 

Your ob't serv't, 
(Signed) GEO. T. M. DAVIS, 



Hon. Justin Butterfield, 

Commis'r Gen. Land Office. 

[No. II.] 



Chief Clerk. 



General Land Office, 1 



June 24th, 1851. 

Sir : I have to inform you that the President of the United States exempts 
and reserves from sale for public purposes, the following tracts or parcels of land, 
in the State of California : 

In the Bay of San Francisco, Cala. : 

1st. From a point eight hundred yards south of Point Jose to the southern 
boundary of the Presidio, along the southern boundary of its western extremity, 
and thence in a straight line to the Pacific Ocean, passing by the southern ex- 
tremity of a pond that has its outlet into the channel between Fort Point and 
Point Lobos. 

2d. From the southern boundary of Sau Solito [Saucelito] Bay, a line parallel 
to the channel of entrance to the Pacific. 

3d. Yerba Buena Island. 

4th. Alcatrazes Island. 

5th. Angel Island. 
On the eastern side of the Bay of San Pueblo : 

6th. Mare Island. 

7th. The land on the eastern side of Mare Island Straits, beginning at the high 
hills between these straits and the City of Benicia, about 2,000 to 2,500 yards from 
the former, and extending in a line nearly parallel to it, to a point opposite the 
northern extremity of Mare Island, and thence to the straits so as so join them at 



222 ADDENDA, NO. CXIII. 

a point about eight hundred yards north of the northernmost high hills on the east- 
ern side of the straits. 

(Signed) MILLARD FILLMORE. 

Washington, November 6th, 1850. 

I am, very respectfully, 

Your ob't serv't, 

J. BUTTERFIELD, 

Commissioner. 
Sam'l D. King, Esq. 

Surveyor General, San Jose, Cala. 



[No. III.; 

Washington, 28th October, 1861 



Engineer Department, ) 



Hon. C. M. Conrad, 

Secretary of War, 

Sir : The Surveyor-General of California having applied, through the General 
Land Office, for some additional instructions to enable him to run the lines of the 
lands proposed as Government Reservations, by the Joint Board of Navy and En- 
gineer officers lately on that coast, his application therefor has been referred to this 
Department. 

It thus appears that some of these reservations have not yet been surveyed, and 
on referring the subject above-mentioned to the Engineer officers of that Board, it 
would seem desirable to change the limits of one of the reservations, from those 
originally proposed by the Board. This reservation, as first recommended, and 
as directed by the President to be made, was defined as follows : 

"From a point eight hundred yards south of Point Jose to the southern bound- 
ary of the Presidio, along that southern boundary to its western extremity, and 
thence in a straight line to the Pacific Ocean, passing by the southern extremity of 
a pond that has its outlet into the channel between Fort Point and Point Lobos." 
Subsequent to this action of the Board, a private claimant to all this tract proposed 
to the Joint Board, through Capt. Halleck, Engineer, to substitute the following 
bounds, for those just mentioned, with the understanding that, if accepted by the 
Government, the claimant would resign all pretensions to title within the reserva- 
tion as thus modified, viz. : The Government to reserve the promontory of Point 
Jose within boundaries not less than eight hundred yards from its northern ex- 
tremity, and the land north of a line running in a westerly direction from the 
south-eastern corner of the Presidio tract to the southern extremity of a pond lying 
between Fort Point and Point Lobos, and north and east of a line passing through 
the middle of said pond and its outlet, to the channel of entrance from the 
ocean. 

These two tracts were thought by the Joint Board to be sufficient for the Gov- 
ernment, instead of the large one before described, and they so stated in writing 
to Capt. Halleck. 

This Department is of the same opinion, and believing that the interests of the 
Government would be subserved and complication avoided by making the two 
separate reservations, with the limits as last mentioned, recommends that the 
reservations be made accordingly. 

No plat of the Presidio tract is on file in this office, and it is respectfully sug- 
gested that the Surveyor- General of California be referred to Capt. Halleck's corps 
of Engineers, at San Francisco, for sketches which will enable him to run the lines 
in conformity with the foregoing description. 



ADDENDA, NO. CXIY. 223 

The sketch herewith shows the reserve as originally proposed and conjecturally 
drawn by the Board, also the two separate reservations now proposed to be sub- 
stituted for it. 

I have the honor to be, very respectfully, 
Your ob't serv't, 

JOS. G. TOTTEN, 

Bt. Brg.-Gen'l of Eng'rs. 

[No. IV.] 

War Department, ) 

Washington, December 20th, 1851. ) 

Sir : I have the honor to submit herewith, for your consideration, the draught 
of an order modifying and reducing the reservation at Port Point and Point Jose, 
San Francisco Harbor, California, prepared in conformity with the recommend- 
ations of the Chief Engineer, herewith inclosed, and to request your approval of 
tho same. 

Very respectfully 

Your ob't serv't, 

C. M. CONRAD, 

Secretary of War. 
To the President. 

[No V.] 

The reservation, including Fort Point, Point Jose, and the Presidio, at the 
entrance of the Harbor of San Francisco, California, made by an order dated 
November 6th, 1850, is hereby modified and reduced so as to embrace only the 
following described two tracts of land, viz. : * 

1st. The promontory of Point Jose, within boundaries not less than eight hun- 
dred yards from its northern extremity. 

2d. The Presidio tract and Fort Point, embracing all the land north of a line 
running in a westerly direction from the south-eastern corner of the Presidio tract, 
to the southern extremity of a pond lying between Fort Point and Point Lobos, 
and passing through the middle of said pond and its outlet to the channel of en- 
trance from the ocean. 

MILLARD FILLMORE. 
Executive Chamber, ) 

Washington, December 31st, 1851. ) 



, No. CXIV. 

ORDER TRANSFERRING THE CASE OF THE CITY OF SAN FRAN- 
CISCO VS. THE UNITED STATES, FROM THE DISTRICT COURT 
OF THE UNITED STATES, FOR THE NORTHERN DISTRICT 
OF CALIFORNIA, TO THE CIRCUIT COURT OF THE UNITED 
STATES FOR THE SAME DISTRICT. 

At a Stated Term of the District Court of the United States of America, for 
the Northern District of California, held at the Court Room, in the City of San 



224 ADDENDA, NO. CXY. 

Francisco, on Monday, the fifth day of September, in the year of our Lord one 
thousand eight hundred and sixty-four. 

Present : The Honorable Ogden Hoffman, District Judge. 

The United States ) 

v. > No. 427. 

The City of San Francisco. ) 

It appearing to the Court that, by an Act of the Congress of the United 
States, approved July 1st, 1864, the above entitled cause, now pending under the 
Act of March 3d, 1851, may be transferred to the Circuit Court of the United 
States for California, order that said cause be, and hereby is, transferred to said 

Ctrcuit Court. 

OGDEN HOFFMAN, 

District Judge. 



No. CXV. 

OPINION OF MR. JUSTICE FIELD OF THE UNITED STATES 
CIRCUIT COURT, CONFIRMING THE CLAIM OF THE CITY 
OF SAN FRANCISCO FOR FOUR LEAGUES OF PUEBLO 
LANDS, FILED OCTOBER 31st, 1864. 

The City of &an Francisco 

vs. 
The United States. 

This case comes before this Court upon a transfer from the District Court under 
the Act of Congress of July 1st, 1864, "to expedite the settlement of titles to 
lands in the State of California." It was in the District Court on appeal from the 
decree of the Board of Land Commissioners, created by the Act of March 3d, 1851. 
It involves the consideration of the validity of the claim asserted by the City of 
San Francisco, to a tract of land situated in the County of San Francisco, and 
embracing so much of the peninsula, upon which the city is located, as will con- 
tain an area of four square leagues.. 

The city presented her petition to the Board of Land Commissioners in July, 
1852, asserting in substance, among other things, that, in pursuance of the laws, 
usages, and customs of the Government of Mexico, and the Act of the Depart- 
mental Assembly of California of November, 1833, the Pueblo of San Francisco 
was created a municipal government, and became invested with all the rights, 
properties, and privileges of pueblos under the then existing laws, and with the pro- 
prietorship of the tract of land of four square leagues above described 5 that the 
pueblo continued such municipality and proprietor until after the accession of the 
government of the United States, July 7th, 1846, and until the passage of the Act of 
the Legislature of the State of California incorporating the city ; and that she there- 
upon succeeded to the property of the pueblo, and has a good and lawful claim to 
the same. 

In December, 1854, the Board of Commissioners confirmed the claim of the city 
to a portion of the four square leagues, and rejected the claim for the residue. The 



ADDENDA, NO. CXV. 225 

land to which the claim was confirmed, was bounded by a line running near the 
Mission of Dolores, and known as the Vallejo Line. That line was adopted prin- 
cipally in reliance upon the genuineness and authenticity of the document described 
in the proceedings as the Zamorano document. The spuriousness of that docu- 
ment is now admitted by all parties. From the decree of the Board an appeal was 
taken by the filing of a transcript of the proceedings and decision with the Clerk 
of the District Court. The appeal was by statute for the benefit of the party 
against whom the decision was rendered— in this case of both parties— of the United 
States, which controverted the entire claim, and of the city, which asserted a claim 
to a larger quantity of land— and both parties gave notice of their intention to pros- 
ecute the appeal. Afterwards, in February, 1857, the Attorney-General withdrew 
the appeal on the part of the United States, and in March following, upon the 
stipulation of the District Attorney, the District Court ordered that appeal to be 
dismissed, and gave leave to the city to proceed upon the decree of the Commission 
as upon a final decree. The case, therefore, remained in the District Court upon 
the appeal of the city alone, and that is its position here. But the proceeding in 
the District Court, being in the nature of an original suit, the prosecution of the 
appeal by either party keeps the whole issue open. " The suit in the District 
Court," said Mr. Justice Nelson in United States us. Ritchie (17 How. 534) " is to 
be regarded as an original proceeding— the removal of the transcript, papers, and 
evidence into it from the Board of Commissioners being but a mode of providing 
for the institution of the suit in that court. The transfer, it is true, is called an 
appeal ; we must not, however, be misled by a name, but look to the substance and 
intent of the proceeding. The District Court is not confined to a mere reexamin- 
ation of the case, as heard and decided by the Board of Commissioners, but hears 
the case de novo, upon the papers and testimony which had been used before the 
Board, they being made evidence in the District Court ; and also upon such further 
evidence as either party may see fit to produce." 

But though the whole issue is thus open, the dismissal of the appeal on the part 
of the United States may very properly be regarded as an assent by the Govern- 
ment to the main facts upon which the claim of the city rests, namely : the exist- 
ence of an organized pueblo at the site of the present city upon the acquisition of 
the country by the United States on the 7th of July, 1846 ; the possession by that 
pueblo of proprietary rights in certain lands, and the succession to such proprietary 
rights by the City of San Francisco. The District Attorney does not, therefore, 
deem it within the line of his duty to controvert these positions, but on the con- 
trary admits them as facts in the case, contending only that the lands appertain- 
ing to the pueblo were subject, until by grant from the proper authorities they 
were vested in private proprietorship, to appropriation to public uses by the former 
Government and, since the acquisition of the country, by the United States. He, 
therefore, insists upon an exception from the confirmation to the city of land here- 
tofore reserved or occupied by the Government for public uses ; and I do not 
understand that the counsel of the city objects to an exception of this character. 

It is unnecessary, therefore, to recite the historical evidence of the existence of 
a pueblo previous to, and at the date of, the acquisition of the country at the pres- 
ent site of the City of San Francisco, which is very fully presented in the elaborate 
opinion filed by the Commission on the rendition of its decision. Since that de- 
cision was made, the question has been considered by the Supreme Court of the 
State ; and in an opinion in which the whole subject is examined a similar con- 

16* 



226 ADDENDA, NO. CXV. 

elusion is reached ; and if anything were wanting in addition to the arguments 
thus furnished, it is found in the able and exhaustive brief of the counsel of the 
city* The documents of undoubted authenticity, to which the opinions and the 
brief of counsel refer, establish beyond controversy the fact that a pueblo of some 
kind, having an Ayuntamiento composed of Alcaldes, Regidores, and other mu- 
nicipal officers, existed as early as 1834 ; and that the pueblo continued in existence 
until, and subsequent to, the cession of the country. The action of the officers of 
the United States in the government of the city and the appointment or election of 
its magistrates after the conquest, both preceding and subsequent to the treaty 
of peace, proceeded upon the recognition of this fact ; and the titles to property 
within the limits of the present city to the value of many millions rest upon a like 
recognition. 

The material question, therefore, for determination, as the ease stands before 
this Court, relates to the extent of the lands in which the pueblo was interested. 
It is not pretended that such lands were ever marked off and surveyed by com- 
petent authority. It is admitted, as already stated, that the so-called Zamorano 
document, given in evidence, is spurious. The question presented must therefore 
be determined by reference to the laws of Mexico at the date of the conquest. 

As stated by the Commissioners in their opinion, there can be no doubt that by 
those laws, pueblos or towns, and their residents, were entitled to the use and enjoy- 
ment of certain lands within prescribed limits immediately contiguous to and 
adjoining the town proper ; that this right was common to the cities and towns of 
Spain from their first organization, and was incorporated by her colonies into their 
municipal system on this continent ; and that the same continued in Mexico, with 
but little variation, after her separation from the mother country. And there is as 
little doubt that by those laws, a pueblo or town, when once established and offi- 
cially recognized, became entitled, for its own use and the use of its inhabitants, 
to four square leagues of land. The compilation known as the Recopilacion de 
Leyes de las Indias contains several laws relating to this subject. The Sixth Law 
of Title Five, of Book Four, provides for the establishment of towns by contract 
with individuals, and upon compliance with the conditions of the contract, for the 
grant of four square leagues of land, to be laid off in a square or prolonged form, 
according to the character of the country. 

The opinion of the Assessor or legal adviser of the Vice Royalty of New Spain 
given to the Comandante General in October, 1785, upon the petition of certain 
settlers in California, for grants of tracts of land situated within the limits claimed 
by pueblos, recognizes this right of pueblos to have four square leagues assigned 
to them. His language is that the grants " cannot nor ought to be made to them 
within the boundaries assigned to each pueblo, which in conformity with the Law 
Six, Title Five, Liber Four of the Recopilacion must be four leagues of land in a 
square or oblong body according to the nature of the ground ; because the petition 
of the new settlers would tend to make them private owners of the forests, pastures 
water, timber, wood, and other advantages of the lands which may be assigned 
granted, and distributed to them, and to deprive their neighbors of these benefits 
It is seen at once that their claim is entirely contrary to the directions of the fore 
mentioned laws, and the express provision in Art. 8 of the Instructions for Settle 
ments (Poblaciones) in the Californias, according to which all the waters, pastures 
wood, and timber, within the limits which in conformity to law may be allowed 

* See Extracts from opinion of the Supreme Court of California annexed to this opinion. 



ADDENDA, NO. CXV. 227 

to each pueblo, must be for the common advantage — so that all the new settlers 
may enjoy and partake of them, maintaining thereon their cattle, and participating 
of the other benefits that may be produced." 

But the royal instructions of November, 1789, for the establishment of the town 
of Pitic, in the province of Sonora, is conclusive as to the right of pueblos in Cali- 
fornia under the laws of Spain. 

The instructions were made applicable to all new towns that should be subse- 
quently established within the general comandancia, which included the province 
of California. They gave minute directions for the formation and government of 
the new pueblos, and referring to the laws of the Indies already cited, declared 
that there should be granted to the towns four leagues of land in a square or pro- 
longed form. They also provided for the distribution of building and farming 
lots to settlers, the laying out of pasture lands and lands for the propios, the resi- 
due to constitute the egidos or commons for the use of the inhabitants. 

The general provision of the laws of the Indies, to which these instructions and 
the opinion of the assessor refer, continued in force in Mexico after her separation 
from Spain. They were recognized in the regulations of November, 1828, which 
were adopted to carry into effect the Colonization Law of 1824, and in the regula- 
tion of the Departmental Assembly of August, 1834, providing funds for towns and 
cities. They were referred to in numerous documents in the archives of the 
former Government in the custody of the Surveyor-General. The report of Jime- 
no, for many years Secretary of the Government of California, found in the ex- 
pediente of Dona Castro made in February, 1844, is cited by the Commissioners 
in their opinion as removing all doubt on this point. The report is as follows : 

" Most Excellent Governor : — The title given to Dona Castro is drawn, 
subject to the conditions that were inserted in many other titles during the time of 
Gen. Figueroa, in which they subjected the parties to pay cemas (tax) if the land 
proved to belong to the egidos of the town. 

I understand that the town of Branciforte is to have for egidos of its population 
four square leagues, in conformity to the existing law of the Kecopilacion of the 
Indies, in volume the second, folios 88 to 149, in which it mentions that to the new 
towns that extent may be marked, to which effect it would be convenient that 
your Excellency should commission two persons deserving your confidence, in 
order that, accompanied by the Judge of the Town, the measurement indicated 
may be made, and it may be declared for egidos of the town the four square leagues, 
leaving to the deliberation of your Excellency to free some of the grantees of the 
conditions to which they are subject. The supreme judgment of your Excellency 
will resolve as it may deem it convenient. MANUEL JIMENO. 

"Monterey, February 8th, 1844." 

The documents to which reference has been made are sufficient to establish the 
position that pueblos once formed and officially recognized as such, became by 
operation of the general laws entitled to have four square leagues of land assigned 
to them, for their use and the use of their inhabitants. It does not appear that 
formal grants were made to the new pueblos, though in some instances an officer 
was appointed to mark off the boundaries of the four square leagues, and to desig- 
nate the uses to which particular tracts should be applied. But the right of the 
Dueblos and their inhabitants to the use and enjoyment of the lands was not made 
dependent upon such measurement and designation. 



228 ADDENDA, NO. CXV. 

It follows from these views that the pueblo, which is admitted to have been 
regularly established at the site of San Francisco on the 7th of July, 1846, was, 
as such pueblo, vested with the right to four square leagues of land, to be meas- 
ured either in a square or prolonged form, according to the nature of the country, 
excepting from such tract such portions as had been previously dedicated to or 
reserved for public uses, or had become private property by grant from lawful 
authority. 

It is difficult to determine with precision the exact character of the right or 
title held by pueblos to the lands assigned to them. The Government undoubt- 
edly retained a right to control their use and disposition, and to appropriate 
them to public uses until they had been vested in private proprietorship. Nu- 
merous laws have been cited to show that the title remained absolutely in the 
Government. The same laws were cited to the Supreme Court of this State when 
. the subject was before that tribunal, and in relation to them the Court said : " We 
see nothing in these laws opposed to the views we have already expressed, that 
the towns had such a right, title, and interest in these lands as to enable them to 
use and dispose of them in the manner authorized by law or by special orders, and 
consonant with the object of the endowment and trust. Undoubtedly the right of 
control remained in the sovereign, who might authorize or forbid any municipal 
or other officer to grant or dispose of such lands, even for the purposes of the 
endowment or trust. Such general right, with respect to a public corporation, 
exists in any sovereign State, and must, of course, have existed in the absolute 
monarchy of Spain, where the property of private corporations and individuals 
was to a great degree subject to the royal will and pleasure." {Hart v. Burnett, 
15 Cal. 569.) And referring to objections to the theory of absolute title in the 
pueblo, and the questions which upon that view might be suggested, the Court 
said : " There is but one sensible answer to these questions, and we think that 
answer is given in the laws themselves, and in the recorded proceedings of the 
officers who administered them, and who must be presumed to have interpreted 
them correctly. It is, that the lands assigned to pueblos, whether by general law 
regulating their limits to four square leagues, or by special designation of bounda- 
ries, were not given to them in absolute property, with full right of disposition 
and alienation, but to be held by them in trust, for the benefit of the entire com- 
munity, with such powers of use, disposition, and alienation as had been already, 
or might afterwards be conferred for the due execution of such trusts, upon such 
pueblos, or upon their officers." {Id. 573.) And this view, the Court adds, fully 
reconciles the apparently conflicting disposition of the laws and the commentaries 
of publicists respecting the relative rights of the Crown and the municipalities to 
which counsel had referred. 

In this view of the nature of the title of the pueblo and of the city, its suc- 
cessor, I fully concur ; and I am of opinion that under the provisions of the Act 
of March 3d, 1851, the city is entitled to a confirmation of her claim. I regret 
that the recent transfer of the case to the Circuit Court, and the great pressure of 
other engagements since, have prevented me from considering at greater length 
the interesting questions presented. To those who desire to extend their inquiries, 
the elaborate opinions to which I have made frequent reference, and the able brief 
of counsel will furnish ample materials.* 

* The following extracts are from the opinion of the Supreme Court of the State, in Hart 
vs. Burnett, reported in 15 California Reports : 
" On the third of November, 1834, the Territorial Deputation authorized the election of 



ADDENDA, NO. CXV. 229 

A decree will be entered confirming the claim of the City of San Francisco 
to a tract of land, situated in the County of San Francisco, and embracing so 
much of the peninsula upon which the city is located, as will contain an area equal 
to four square leagues as described in the petition. From the confirmation will 

an Ayuntamiento, to reside at the Presidio of San Francisco, to be composed of an Alcalde, 
two Kegidores or Councilmen, and a Sindico-Procurador. This Ayuntamiento, when organ- 
ized, was to exercise the political functions pertaining to such office, and the Alcalde was 
also to perform the judicial functions which the laws conferred upon him. This decree was 
communicated to the Military Commandant by the Governor, on the fourth of November, 
1834. An election was accordingly held on the seventh of December, 1834, at the Presidio 
of San Francisco, and the Ayuntamiento duly installed. A similar election was held on the 
thirteenth of December of the following year (1835), at the same place, which was then 
officially designated as the Pueblo of San Francisco. Other elections of tbe same character 
were subsequently held; and there are numerous official documents of undisputed authen- 
ticity, which refer to the ' Ayuntamiento of San Francisco,' the ' Alcalde of San Francisco,' 
and to the ' Pueblo of San Francisco,' proving, as we think, beyond a doubt, that there was 
at that place, in 1834, 1835, 1836, and subsequently, a pueblo of some kind, with an Ayunta- 
miento composed of Alcaldes, Kegidores, and other municipal officers. What were the 
rights of this municipality, and what the powers of its officers, and the extent of its terri- 
tory and jurisdiction, we shall not now inquire. We here refer merely to the fact of the 
existence, at that time, and at that place, of such an organization, whether corporate or 
incorporate. And that fact is proved by the official returns of elections, by the official acts 
of the Governor and of the Territorial or Departmental Legislature, by the official corres- 
pondence of government officers, and by the acts, proceedings, records, and correspondence 
of the officers of the pueblo itself. As a part of the evidence of this fact, we refer to the 
election returns of December 7th, 1834, December 13th, 1835, December 3d, 1837, and De- 
cember 8th, 1838; to the Governor's letters of January 31st, 1835, October 26th, 1835, Janu- ' 
ary 19th, 1836, January 17th, 1839, and November 14th, 1843; to the expediente of proceed- 
ings between May and November, 1835, with respect to certain persons obliged to serve as 
municipal officers of that pueblo ; and to the official correspondence between the Alcaldes 
of that pueblo and the various officers of the Territorial or Departmental Government of 
California. (15 Cal., 540.) 

"The evidence in favor of the existence of a pueblo in San Francisco prior to July 7th, 
1846, and its general right, for pueblo purposes, to four square leagues of land, to be meas- 
ured, according to the ordinanzas, from the center of the plaza at the Presidio, is, to our 
minds irresistible. 

"1st. We have the general laws of Spain and the Indies authorizing the formation of 
pueblos, assigning their general boundaries, directing how they were to be surveyed out, 
designating the uses to which such lands were to be devoted, and defining the character of 
the right which the pueblo acquired in them, and the control which its municipal authori- 
ties, as well as the King and his officers, were to exercise over them. 

" 2d. We have the special orders of the King, and the highest officers of his government, 
with respect to the establishment of pueblos in California, and more particularly for the 
conversion of presidios into pueblos, and the extent of land assigned to the pueblos so 
formed. 

" 3d. We have documentary evidence showing that at a very early period, and almost im- 
mediately after the discovery of the Bay of San Francisco, the Viceroy and Governor of 
California contemplated the establishment of a pueblo at this identical point, and that the 
foundation of the Presidio and Mission of San Francisco, in 1776, was then considered and 
so announced as merely preliminary to the organization of a great town, into which they 
were to be converted as soon as a sufficient number of settlers could be procured for that 
purpose. 

" 4th. We have documentary evidence of unquestionable authenticity, showing that the 
Governor and Territorial Deputation, in 1834, ordered an election at the Presidio of an 
Ayuntamiento, consisting of an Alcalde, two Kegidores and a Syndico — officers recognized 
by law as belonging only to pueblos; that this and subsequent elections of the same kind 
were held at the same place; and that such municipal organization was then, and has been 
ever since, recognized in numerous official documents signed by the different Governors, 



230 ADDENDA, NO. CXV. 

be excepted such parcels of land within said tract as have been heretofore reserved 
or dedicated to public use by the United States ; or have been by grant from 
lawful authority vested in private proprietorship. The confirmation will be in 
trust for the benefit of lot-holders under grants from the pueblo, town, or 
city; and as to any residue, in trust for the use and benefit of all the inhabitants. 
A decree will be prepared by counsel in conformity with this opinion, and sub- 
mitted to the Court. FIELD, J. 



Note. — Documentary Evidence relating to the Pueblo of San Francisco, from the end of 
1834, to July 1th, 1846. 

The following synopsis of original papers, of undoubted authenticity, from the Archives, 
City Claim, Limantour, etc., will serve to prove, if further evidence be required, the cor- 
rectness of the opinion of the Court [Supreme Court of California] on this [the existence of 
a pueblo at the site of the present City of San Francisco] and some other points. 

January 31st, 1835, Governor Figueroa writes to M. G. Vallejo, Military Commandant of 
Sa7i Francisco, acknowledging the receipt of a letter from the latter, dated January 1st, 
and thanking him for having constitutionally installed " the Ayuntamiento of that pueblo " 
(el Ayuntamiento de este pueblo). 

June 22d, 1835, Governor Figueroa sends a circular to the Military Commandant and 
Alcalde of San Francisco. This is indorsed by the Alcalde, Francisco de Haro, as having 
been received and published by him, in " San Francisco de Asis, July 12th, 1835." It will 
be seen from this that even at that early day — the first year of the formation of the pueblo, 
and organization of the Ayuntamiento, at the Presidio — it was called by the official author- 
ities, without distinction, " San Francisco," and " San Francisco de Asis." 

Soon after this Jose Joaquin Estudillo applied for a grant of two hundred varas, in the 
place called Yerba Buena. This application was for a larger amount of land than that des- 
ignated for house-lot6, and consequently the matter was referred to the Territorial Deputa- 
tion. On the twenty-second of September, that body, on motion of Alvarado, resolved 
generally, that the Ayuntamiento of San Francisco had authority to grant solares in the 
place of Yerba Buena, at a distance of two hundred varas from the beach. 

September 23d, 1835, Governor Castro transmitted to the " Alcalde Constitutional of San 
Francisco," a copy of the foregoing resolution of the Territorial Deputation, with respect to 
the power of " the Ayuntamiento of San Francisco " to grant lots two hundred varas dist- 
ant from the sea shore, " in the place called Yerba Buena." 

October 28th, he addresses another official letter to the " Alcalde of San Francisco de 
Asis," containing a brief statement of the* substance of the resolution of September 22d, and 
directing him to inform the residents of " that pueblo " not to apply to the political chief 
for lots, "as it is one of the favors which the Ayuntamiento can grant." For these grants 
a canon was to be paid to the Ayuntamiento. 

There is filed in the city claim a certified copy, from the archives, of an old expediente, 
which contains several important papers. It begins with a petition to the Gefe Politico, 
dated May 30th, 1835, and purporting to be signed by residents of the ranchos of San 

Secretaries of State, and other government officers, as the ' Pueblo of San Francisco,' or the 
* Pueblo of San Francisco de Asis.' 

" 5th, We have documentary evidence showing that the Political Chiefs, Deputations, and 
other government officers, recognized, in numerous official papers, that this pueblo had 
some interest in, and its municipal authorities some control over, the lands within the gen- 
eral limits of four square leagues; and that, at different periods, they were authorized to 
grant in particular localities within such limits, small parcels of these lands to private per- 
sons in full ownership ; and 

" 6th. "We have documentary evidence showing that the municipal officers of this pueblo 
did, for a long term of years, both before and since the conquest, exercise this authority, 
by granting small lots of land to numerous individuals, and that their power was recog- 
nized both by the Mexican Government in California, and by the Government of Military 
Occupation which succeeded it." (15 Cal., 563, 564.) 



ADDENDA, NO. CXV. 231 



Pablo, etc., asking to be separated from the jurisdiction of the Port of San Francisco," and 
annexed to that of San Jose. They allege, as reasons for the proposed change, the dist- 
ance, the difficulty and danger of crossing the bay, and the want of accommodations for 
themselves and families at the Presidio, " for a whole year, when they shall be called upon 
to discharge some office in the Ayuntamiento," etc. This petition was, by the Territorial 
Deputation, on the fifth of September, 1835, ordered to be referred to the " Ayuntamientos 
of the Pueblos of San Jose and San Francisco," for reports; and the Governor so referred 
it on the twenty-eighth of September. November 4th, the Ayuntamiento of San Jose re- 
ports in favor of the petition, with the remark that the petitioners had previously pertained 
to that jurisdiction. December 20th, the "Ayuntamiento of San Francisco " reports against 
the petition, denying the genuineness of the signatures to it, and the correctness of its 
statements. With respect to the want of accommodations at the Presidio, it says, " it is a 
well-known and established fact, that the military commandant of the Presidio furnished 
houses to the functionaries of the present Ayuntamiento as soon as it was installed." This 
report is dated, " Port of San Francisco," and is signed by the Alcalde, Francisco de Haro, 
and the Secretary, Francisco Sanchez. 

1836, January 2d, Governor Castro directs a communication to the " Illustrious Ayunta- 
miento of San Francisco de Asis," informing it that he had transferred the political gov- 
ernment of the Territory to General Nicolas Gutierrez. On the same day Gutierrez directs a 
communication to the " Illustrious Ayuntamiento of San Francisco," informing that body 
that he had been placed in possession of the political government of the Territory. 

1836, January 22d, the Alcalde, Jose Joaquin Estudillo, directs an official communication 
to the Sindico-Procurador, dated at the " Pueblo of San Francisco de Asis." 

1836, January 19th, Governor Gutierrez transmits to the "Alcalde of San Francisco de 
Asis," a copy of an order received from the Supreme Government of Mexico. 

1836, December 13th, Governor Alvarado transmits to the " Very Illustrious Ayunta- 
miento of San Francisco," copies of decrees of the Congress of the " Sovereign State of 
Alta California." 

1837, January 2d, Alcalde Martinez sends to the Sindico-Procurador an order for paper 
for the use of the " office of this Ayuntamiento." It is dated, " Pueblo of San Francisco." 
There are various other official papers, signed by Martinez, which are dated in the same 
way. Francisco Sanchez, as Secretary of " this Illustrious Ayuntamiento," signs various 
official papers dated " Pueblo of San Francisco." In one case he dates **- Presidio," and in 
some others " Yerba Buena." 

1837, August 4th, Jose Carrillo appeared as the Commissioner from the Departmental Gov- 
ernment, to administer the oath to "this municipality," of obedience to the constitution of 
1836. The acta states that it was sworn to by the " First Alcalde of the Port of San Fran- 
cisco de Asis." 

1837, December 3d, the primary election " in the Pueblo of San Francisco de Asis," is 
certified to have been held in the " Plaza of said pueblo." The return is certified by Fran- 
cisco de Haro, as President ; Francisco Guerrero and Francisco Sanchez, as Secretaries ; 
and A. M. Peralta and J. de la C. Sanchez, as Inspectors. The letter transmitting these 
returns is dated " San Francisco, December 7th, 1837," and directed to the " Constitutional 
Alcalde, Ignacio Martinez." At the secondary election, the returns of which were trans- 
mitted to the Governor on the twenty-third, "William A. Richardson was chosen Alcalde ; 
but he having applied to the Governor to be excused from serving as such, for the ensuing 
year, Alvarado on the thirtieth, directed a letter to the " Constitutional Alcalde of San 
Francisco," ordering a new election, which was held January 8th, 1838, and Francisco de 
Haro elected Alcalde in place of Richardson. Domingo Sais was, at the same time, elected 
second Rejidor, which office, it appears, was also vacant. It will be observed that the 
above-mentioned Richardson is the same man who swore that there was no pueblo or town 
of San Francisco before July, 1846, and that he had no personal knowledge of any elections 
here prior to 1846. Richardson himself received from the Ayuntamiento of San Francisco 
a grant of a lot of one hundred varas in Yerba Buena, June 2d, 1836. In one part of his 
deposition he says that he received this grant in October, 1835, and that it was made by 
Francisco de Haro, " the Alcalde of the Mission of San Francisco de Asis," by order of the 
Governor, the same order which reserved two hundred varas all along the beach, and 
directed him, Richardson, to survey out the little strip of land assigned to the Pueblo of 
Yerba Buena. In another part of his testimony he says this lot was regranted to him in 
1836, by Joaquin Estudillo, Alcalde of the same Mission. The order of the Governor, as well 



232 ADDENDA, NO. CXV. 

as the proceedings of the Deputation respecting the reserve of two hundred varas along the 
beach, is found, but it contains no orders respecting any grant to Richardson, or the survey 
of any land. The petition of Richardson for the lot referred to is dated June 1st, 1836; it 
is directed to the "Illustrious Ayuntamiento," and asks for a grant of the lot by that body. 
It refers to no order of the Governor, and nothing is said about any previous grant or its 
loss. The grant is made in the name of the " Corporation," and the laud is there stated to 
be an " ejido de esta poblacion." Richardson's statements are therefore flatly contradicted 
by the record of his own title. 

1839, January 17th, Governor Alvarado transmits to Alcalde de Haro a proclamation for 
putting into effect the constitutional system of 1837, and for holding elections according to 
the law of November 30th, 1838, which he says he received from " the Supreme Government 
by the last mail! " 

1839, January 18th, Governor Alvarado sends another official communication, directed 
"to the Alcalde of San Francisco," in which he states that inasmuch as many individuals 
had asked for solares for building houses in the lands of YerbaBuena, Avhich had previously 
been prohibited from being granted, and as he was desirous of advancing the commerce in 
that recent congregation of vetinos, he therefore had decreed (disjmesto) that grants for 
house-lots may be made of any part of said prohibited lands; with the understanding, how- 
ever, that those asking for such concessions shall present to the Government their petitions 
for the favor, with the necessary reports, or informes. The Alcalde is directed to give notice 
of this to the vetinos. 

1839, January 25th, Governor Alvarado directs a proclamation "to the Alcalde of San 
Francisco," and orders him to give it due publication. 

1839, February 28th, Governor Alvarado directs " to the Illustrious Ayuntamiento of San 
Francisco" his proclamation of the previous day (twenty-seventh), dividing all California, 
from the frontier of the north to Cape St. Lucas, into three districts, the first district includ- 
ing all north of the ex-Mission of San Luis Obispo. This district was divided into two par- 
tidos, one extending from the north of Sonoma to the Llagas, with Dolores as the cabacera, 
and the other from the Llagas to San Luis Obispo, with the pueblo of San Juan de Castro 
as the cabacera. He also informs that body of the appointment of Jose Castro as Prefect of 
that district, and that he must be recognized and obeyed according to the laws. 

1839, March 9th, Governor Alvarado sends "to the Alcalde of San Francisco " a procla- 
mation, and directing that the notice be given that ail petitions for lands or other things 
should be transmitted to the Secretary through the Prefects, for their reports thereon. 

During the early part of this year Francisco de Haro continued to act as "Alcalde," but 
about the middle, or a little after, Francisco Guerrero assumed the duties of Jxiez de Paz, 
and continued to act in that capacity till the end of 1841, when he was succeeded by Fran- 
cisco Sanchez, who held that office to the end of 1843, when the election was held for two 
" Alcaldes of Nomination," under the new organization made by Micheltorena. 

1843, May 23d, Francisco Sanchez, as " Juez de Paz of the jurisdiction of the Port of San 
Francisco," issues an order to the owners of gardens "in the establishment of Dolores," 
respecting irrigation. He dates this order in " San Francisco." 

1843, November 14th, Governor Micheltorena issues a proclamation restoring, in part, the 
old system of Ayuntamientos, and discontinuing the Prefects from the beginning of the 
coming year. The Pueblo of San Francisco was to elect, on the following December, two 
Alcaldes, of first and second nomination, the first to act as Judge of First Instance, and to 
take charge of the Prefecture. At this election William Hinckley was elected Alcalde of 
first nomination, and Francisco de Haro Alcalde of second nomination. The former resided 
at Yerba Buena, and the latter at the old Mission. 

1844, January 20th, Secretary Jimeno writes to the "First Alcalde of the Port of San 
Francisco," congratulating him, in the name of the Governor, on his election, and hopes 
he will devote himself to the public welfare, and the improvement of that town and its 
vicinity. 

1844, March 6th, Secretary Jimeno directs two official communications to the "First Al- 
calde of San Francisco." 

1844, March 14th, Jimeno directs an official communication to "the Alcalde of first nomi- 
nation of the Port of San Francisco." 

1844, Jlarch 30th, the Superior Tribunal addresses an official communication to " William 
Hinckley, Alcalde of first nomination of San Francisco." April 29th, the Tribunal addresses 
him as " first constitutional Alcalde in San Francisco de Asis; " on June 4th, as "first Al- 



ADDENDA, NO. CXV. 233 



calde of San Francisco; " and on October 29th, as " first Juez of San Francisco," etc. There 
are various official documents extant, addressed to him by the Governor, the Secretary, the 
Military Commandant, and other government officers, as "Alcalde of San Francisco," 
"Alcalde of San Francisco de Asis," " Alcalde of the Port of San Francisco," "Alcalde of 
the Pueblo of San Francisco," "Alcalde of the Pueblo of San Francisco de Asis," "Alcalde 
of Yerba Buena," "Juez of first nomination of the Pueblo of San Francisco de Asis," etc., 
etc. Of the local authorities, and private persons, some addressed him as ''Alcalde of San 
Francisco," some as '* Alcalde of San Francisco de Asis," some as "Alcalde of Yerba Bue- 
na," some as " Alcalde of the Pueblo of San Francisco," etc., etc. Hinckley dated his offi- 
cial papers, sometimes, "Pueblo of San Francisco," sometimes, " Court of first nomination 
of San Francisco de Asis," " Yerba Buena," etc., etc. In the official correspondence be- 
tween him and the Second Alcalde, the former residing at Yerba Buena, and the latter at 
the Mission, their letters are dated, indiscriminately, " San Francisco," " San Francisco de 
Asis," " Pueblo of San Francisco," etc. At that time, at least, no distinction was made in 
the use of these names. On the 12th of November an order was issued by the Governor, 
and directed to the "First Alcalde of San Francisco," to hold an election of Alcaldes on 
the first Sunday in December, for the coming year. On the fifth of December Hinckley 
issued a notice, dated " San Francisco de Asis," for an election to be held in " Dolores," on 
Sunday, the eighth, for First and Second Alcaldes, no election having been held on the 
previous Sunday. At the secondary election, held December 15th, Juan Padilla was chosen 
First Alcalde, and. Jose de la Sanchez Second Alcalde. In the returns it is described as an 
election " in the Pueblo of San Francisco de Asis ; " and these returns : re sent to Hinckley, 
who resided at Yerba Buena, and is addressed as " First Alcalde of San Francisco de Asis.*' 
Hinckley writes an official letter, dated "Pueblo of San Francisco de Asis," and sends it to 
De Haro, at the Mission, addressed to the "Alcalde of second nomination of San Francisco 
de Asis." 

1845. In the official correspondence of this year Padilla and Sanchez are addressed as 
"First and Second Alcaldes; " sometimes " of San Francisco," sometimes " of San Fran- 
cisco de Asis," and sometimes "of the Pueblo of San Francisco," etc., etc. On the twelfth 
of October, of this year, Sanchez issued a proclamation, dated at " Yerba Buena," in which 
he styles himself" Constitutional Alcalde of the jurisdiction of San Francisco." 

1846. Sanchez continued to act as Alcalde during the early part of this year; and, after 
him, Jose Jesus Noe seems to have officiated until July. Noe is called, in the official docu- 
ments, "Alcalde of San Francisco," "Juez of San Francisco," "Alcalde of first nomina- 
tion," " Juez de Paz," etc., etc. The officers appointed and elected after the military pos- 
session by the United States, in July, at first assumed the title of " Magistrate," but very 
soon afterwards adopted the Spanish word " Alcalde," which was continued till 1850. 

The foregoing is but a brief synopsis of a very small number of the official papers and 
records still existing. They are sufficient, however, to show the correctness of the reasoning 
of the Court on this point, and to disprove the absurd theories which have been raised by 
interested parties, about the different names applied, in old documents, to the pueblo gen- 
erally, and to particular localities. The attempt of Richardson, and other Limantour wit- 
nesses, to ignore the Pueblo of San Francisco, which was organized at the end of 1834, and 
to erect a new "Pueblo of Yerba Buena," with a little plat of land between California and 
Dupont streets, and the beach, is so thoroughly exploded by the official records as to de- 
serve not the slightest consideration.— [Note 5 to Opinion in Hart vs. Burnett, by a Member 
of the California Bar. 

Most of the above acts are to be found in the preceding Addenda, under their 
respective dates. 



234 ADDENDA, NOS. CXVI, CXVII. 



No. CXYI. 

DECREE OF THE UNITED STATES CIRCUIT COURT, ENTERED 
NOVEMBER 2d, 1864. 

In the Circuit Court of the United States for the Northern District of the State of 

California. 

The City of San Francisco 

vs. 
The United States. 

In this case, after hearing the proofs, and allegations, and the arguments of 
counsel, it is ordered, adjudged, and decreed, that the claim of the petitioner is 
valid for four square leagues of land, and that the same be confirmed to that extent, 
as hereainfter stated. 

The land of which confirmation is made, is a tract situated within the County of 
San Francisco, and embracing so much of the extreme upper portion of the 
peninsula upon which the City of San Francisco is situated, as will contain an 
area of four square leagues, as described in the petition. From this confirmation 
arc excepted such parcels of land as have been heretofore reserved for public uses 
by the United States, and also such parcels of land as have been, by grant from lawful 
authority, vested in private proprietorship, and finally confirmed to claimants under 
the same by the respective tribunals of the United States. All of which excepted 
lands are to be included in the area of the four leagues when computed, and ex- 
cluded from the tract hereby confirmed as finally surveyed, either by fixed bound- 
aries or other precise description. This confirmation is in trust for the benefit of 
the lot-holders under grants from the Pueblo, Town, or City of San Francisco, or 
from other lawful authority in that behalf, and as to any residue for the use and 
benefit of the inhabitants of the city. 

FIELD, J. 

This decree was subsequently vacated. See Addenda, Nos. CXXIV and 

exxv. 



No. CXVII. 

APPEAL OF THE UNITED STATES FROM THE DECREE OF CON- 
FIRMATION IN THE UNITED STATES CIRCUIT COURT, 
NOVEMBER 2d, 1864. 

United States Circuit Court, TenthCircuit in and for the Northern District of California. 

The United States 1 

vs. V Wednesday, November 2d, 1864. 

The City of San Francisco. J 
And now at this day, on application of Delos Lake, Esq., U. S. Dist. Att'y, it is 
Ordered, That an appeal from the decree in the above entitled cause, made at ttie 

present term, be, and the same is hereby granted in behalf of the United States ; 

and that a transcript of the Record on Appeal be sent to the Supreme Court of the 

United States without delay. 



ADDENDA, NO. CXVIII. 235 



No. CXVIII. 

NOTICE OF MOTION ON THE PART OF JOHN B. WILLIAMS, ESQ., 
SPECIAL COUNSEL OF THE UNITED STATES, TO VACATE 
THE ORDER ALLOWING THE APPEAL FROM THE DECREE 
OF THE CIRCUIT COURT TO THE SUPREME COURT OF THE 
UNITED STATES, CONFIRMING THE CLAIM OF THE CITY 
OF SAN FRANCISCO TO ITS PUEBLO LANDS, TO OPEN SAID 
DECREE, AND GRANT A REHEARING. 

In the Circuit Court of the United States for the Tenth Circuit, in and for the Northern 
District of California. 

The City of San Francisco ) 

vs. > 

The United States. ) 

Gentlemen : Please take notice that on Monday, the twenty-first day of Novem- 
ber, at 11 o'clock in the forenoon of that day, or as soon thereafter as counsel can 
be heard, I will move the Court to vacate the order entered herein on the second 
day of November, inst., 1864, granting an appeal in behalf of the United States to the 
Supreme Court ; to open the decree of the Court confirming the claim of the said 
city, entered on the said second day of November, 1864 ; and to grant a rehear- 
ing in the cause before a full bench, to be had at such a time as the Court may deem 
proper to assign. 

The said motion will be made upon the ground that the decision of the Circuit 
Judge on the thirty-first day of October last was rendered under a misapprehen- 
sion of the facts, and without considering the brief of the United States, which was 
suppressed by the Clerk of this Court ; and will be based upon the papers in the 
case, the opinion of the Circuit Judge, and the affidavit of the special counsel for 
the United States, a copy of which is hereto annexed. 

Dated San Francisco, November 14th, 1864. 

JOHN B. WILLIAMS, 

Special Counsel for the U. S. 
To John H. Saunders, Esq., John W. Dwindle, Esq., and E. W. F. Sloan, Esq., 
Counsel for the City. 

Note. — A notice by the District Attorney was subsequently given. The notice is con- 
tained in Addenda, No. CXX. 



236 ADDENDA, NO. CXIX. 



No. CXIX. 

AFFIDAVIT OF JOHN B. WILLIAMS, ESQ., SPECIAL COUNSEL FOR 
THE UNITED STATES, REFERRED TO IN THE FOREGOING 
NOTICE, AND USED BY HIM ON THE MOTION. 

In the Circuit Court of the United States for the Tenth Circuit, in and for the Northern 
District of California. 

The City of San Fkanctsco 

vs. 
The United States. 

Northern District of California, ss. 

John B. Williams, of said district, being duly sworn, on oath says, that he is 
special counsel for the United States in this cause, having been employed by the 
Attorney General of the United States on the fourth day of March, 1862. [The 
affiant here states at length the proceedings in the case, and his connection as 
special counsel with the same, and then proceeds as follows :] 

That on the fifth of September, in pursuance of the provisions of the Act of 
Congress entitled " An Act to expedite the settlement of titles to lands in the 
State of California," approved July 1st, 1864, an order was entered by the Dis- 
trict Court, transferring the cause to this Court, and that, on the twenty-seventh, 
all the papers on file and of record in the cause were delivered to the Clerk of this 
Court by the Clerk of the District Court ; that on Monday, the third of October, 
the case was called by the Circuit Judge in its regular order on the calendar, the 
District Attorney and affiant being present ; that no argument was made by either 
side, but the case formally submitted by the District Attorney in behalf of the 
United States, the District Attorney stating that the brief which he held in his 
hand was submitted as the brief of the United States in the cause; that said brief 
had been prepared and was signed by affiant as attorney for the United States, and 
was then and there delivered to George C. Gorham, Clerk of this Court, who 
received it without objection, either verbal or written ; that on said third October 
no objection was made by the Court, the District Attorney, the counsel for the 
city, or the clerk, to the submission and reception of said brief as the brief of 
the United States, but, on the contrary, the District Attorney presented it, the 
Court received it 2 the clerk took charge of it, and Mr. Dwindle remarked he would 
hand his own in on the next day ; that affiant, on the fifth, finding he had omitted 
the statement of some facts in his brief, prepared a short supplemental brief, which 
he handed to Mr. Gorham in his office, who, in presence of affiant, filed the same ; 
that on the sixth, affiant, who was acting as counsel for the United States in the 
case of the City of Sonoma, in precisely the same manner and under the same 
employment as in the City of San Francisco case, handed his brief in behalf of 
the United States in that case, which had also been submitted to the Court, to Mr. 
Gorham, in his office, who thereupon indorsed it as filed. 

That on the twenty-eighth October, George C. Gorham, without authority from 
the Court, so far as affiant is informed, nor at the request of the District At- 
torney, but, as subsequently stated over the signature of Mr. John W. Dwinelle, 
upon his motion, indorsed upon the said brief of affiant as follows : 



ADDENDA, NO. CXIX. 237 

" This brief has been handed to me by John B. Williams, Esq., but is not 
" marked filed, as said Williams does not appear in the case by the authority of 
" the District Attorney. 

" George C. Gorham, Clerk. 

"San Francisco, 28th October, 1864." 

And also indorsed upon said supplemental brief of affiant as follows : 
" This paper was marked filed by mistake. See reasons in indorsement on 
" original brief. 

" G. C. Gorham, Clerk." 

And affiant further says that he is informed and belieA'es, that said Gorham 
unwarrantably, and in derogation of the rights of affiant as a member of this bar, 
and of the rights of the United States as litigants in their own Court, suppressed 
the said briefs, and withheld them from the Circuit Judge, and that the arguments 
submitted in behalf of the United States were, in consequence of such usurpation 
of power by the Clerk, not considered by the Circuit Judge in his determination 
of the case, but that said cause was decided under a misapprehension of the posi- 
tions taken by, and the proofs offered in behalf of, the United States ; that the 
decision of the cause was announced from the bench of this Court by the Circuit 
Judge on the thirty-first of October, only three days, including one Sunday, sub- 
sequent to the date of the indorsement of the Clerk upon the brief of the United 
States ; that by said indorsement itself the brief of affiant was a good brief from 
the third of October, when the cause was submitted, to the twenty-eighth, when 
said indorsement was made, and should have been handed, with the record, to the 
Circuit Judge, or notice given to the District Attorney and affiant by the Clerk of 
his intended action in the premises, in which case the interests of the United 
States might have been protected; but affiant expressly says that he remained 
entirely ignorant of the action of the said Clerk until informed by the card of Mr. 
Dwindle, which appeared in the Evening Bulletin of November 2d. 

And affiant further says, that the opinion the Circuit Judge, delivered October 
31st, was published in the Alta California of November 1st, with editorial com- 
ments, which stated that the District Attorney had conceded : 1st. That a pueblo 
existed here at the time of the American conquest on seventh of July, 1846. 2d. 
That such pueblo owned the amount of town lands given to pueblos under Mex- 
ican law ; and, 3d. That the present City of San Francisco succeeded the pueblo 
as the owner of these lands. That affiant was greatly surprised at this statement, 
and immediately addressed a note to the editors of the Alta, denying that any such 
concessions had been made, either by the District Attorney or himself, which was 
published with comments in the Alta of November 2d ; that during the session of 
this Court on the 2d, a decree was signed by the Circuit Judge, which states that 
" after hearing the proofs and allegations, and the arguments of counsel, it is ordered, 
" adjudged, and decreed," etc., and an appeal taken from this decree by the District 
Attorney in behalf of the United States ; that affiant was present when the decree 
was entered and the appeal taken, but was in utter and entire ignorance of the fact 
that the brief for the United States, submitted on the third of October, had been 
suppressed by the Clerk of this Court ; that in the Evening Bulletin of the same 
day, appeared a communication over the signature of Mr. Dwindle, in reply to the 
note of affiant published in the Alta, stating that the brief of affiant was not placed 
on the files of this Court, for the reason, at the time officially and expressly indorsed 
upon it, that the authority of affiant to appear in the case was not manifested, and 



238 ADDENDA, NO. CXIX. 

that the Clerk of this Court took this course not from any knowledge or sugges- 
tion of the counsel for the city, but upon his own knowledge of his official duties ; 
that these statements of Mr. Dwindle was the first intimation affiant had of the 
unbecoming conduct of the Clerk ; that affiant proceeded immediately to the 
Clerk's office to see Mr. Gorham, but was unable to find either him or his deputy ; 
that on the morning of the third of November, the Circuit Judge having given 
notice he would hold Court at eight o'clock for a few moments, affiant was in 
attendance, having in the meantime obtained his brief from the Clerk's office, for 
the purpose of calling the attention of the Circuit Judge to the gross misconduct 
of the Clerk of this Court, and for the purpose of giving notice in open Court that 
an application would be made for a rehearing, on the ground that the cause had 
been decided under misapprehension, but as the Circuit Judge did not appear, 
affiant was unable to accomplish his purposes ; and that both the Circuit Judge 
and the Clerk sailed for Panama on the steamer Golden City, on the morning of 
the said third of November, 1864. 

And affiant further says, that in the opinion rendered by the Circuit Judge it is 
said : " The dismissal of the appeal on the part of the United States may very 
" properly be regarded as an assent by the Government to the main facts upon 
" which the claim of the city rests — namely, the existence of an organized pueblo 
" at the site of the present city upon the acquisition of the country by the United 
" States on the seventh of July, 1846; the possession by that pueblo of proprietary 
"rights in certain lands, and the succession to such proprietary rights by the City 
" of San Francisco. The District Attorney, therefore, does not deem it within the 
"line of his duty to controvert these positions, but, on the contrary, admits them as 
"facts in the case." That affiant is informed by the District Attorney that he 
admitted nothing, but that he considered the cause submitted on the brief prepared 
by affiant; that said brief contended : 1st. On the authority of LeRoy vs. Wright, 
decided by the Circuit Judge of this Court, that the prosecution by the city of her 
appeal kept open the whole issue, notwithstanding the United States had dismissed 
their own appeal. 2d. That the case of Hart vs. Burnett, decided by the State 
Supreme Court, is not binding upon this Court in the present proceeding, where 
the United States are parties. 3d. That the city has failed to show herself the 
successor in interest of any pueblo existing on the seventh of July, 1846, and that, 
giving to the fourteenth section of the Act of 1851 the widest and loosest construc- 
tion, the petition of the city for a confirmation to lands lying outside the charter 
limits' of 1850-51 must be dismissed for want of jurisdiction; and, 4th. That no 
pueblo existed on the seventh of July, entitled under the laws, usages, and customs 
of Mexico to four leagues of land in the present County of San Francisco, or to 
any greater or less quantity, except so far as lots may have been granted in private 
ownership prior to the seventh day of July, 1846, and which, under the fourteenth 
section of the Act of 1851, would be entitled to a confirmation in the name of the 
city : That the " dismissal of the appeal on the part of the United States cannot 
properly be regarded as an assent to the main facts upon which the claim of the 
city rests," because: 1st. Said dismissal was based, as affiant is informed and 
believes, upon the decision of the Board that certain lands had been assigned and 
laid off by competent Mexican authority, and the boundaries thereof described in 
the document known as the Zamorano document, which document, at the time of 
the visit of Hon. E. M. Stanton, special agent of the Attorney-General, to this 
country, was ascertained to be a forgery, but not until after the entry of the stipu- 



ADDENDA, NO. CXX. 239 

lation dismissing the appeal of the United States. 2d. That the said stipulation 
was never intended to operate except as expressed on its face, to wit : that the 
United States would not prosecute their appeal, and not that they would decline to 
oppose the appeal of the city. 3d. That the employment of affiant in the cause 
by the Attorney-General more than two years ago was for the express purpose of 
defending the rights of the United States against the appeal of the city, and that 
much testimony has been taken and labor expended in that behalf; and 4th. That 
the voluminous brief of Mr. Dwindle, of counsel for the city, would not have been 
prepared with so much labor and expense if the dismissal of the appeal of the 
United States had been considered as an assent by the Government to the main 
facts upon which the claim to the city rests. 

JOHN B. WILLIAMS, 

Special Counsel for the United States. 

Subscribed to and sworn before me, this fourteenth day of November, a.d. 1864. 

W. H. CHE VERS, 
U. S. Com'r, Northern District of California. 



No. CXX. 

NOTICE OF MOTION ON BEHALF OF THE UNITED STATES, MADE 
BY THE DISTRICT ATTORNEY OF THE UNITED STATES, 
TO VACATE THE ORDER OF APPEAL AND OPEN FOR RE- 
HEARING THE DECREE MADE IN OCTOBER, 1864, CON- 
FIRMING FOUR LEAGUES OF PUEBLO LANDS TO THE CITY 
OF SAN FRANCISCO. 

In the Circuit Court of the United States, for the Tenth Circuit, in and for the North- 
ern District of California. 

The City op San Francisco ) 

vs. ' > 

The United States. ) 

San Francisco, Dec. 19, 1864. 
To John H. Saunders, Esq., 

Att'y for the City of San Francisco — 
Please take notice that on Saturday, the twenty-fourth day of December, 1864, 
at eleven o'clock in the forenoon of that day, or as soon thereafter as counsel can 
be heard, I will move the Court to vacate the order granting an appeal herein 
heretofore entered, to open the decree of confirmation heretofore entered, and to 
grant a rehearing in the cause, to be had at such time as the Court may deem 
proper to assign. 

DELOS LAKE, 

U. S. Attorney. 



240 ADDENDA, NO. CXXI. 



No. CXXI. 

STATEMENT OF U. S. DISTRICT ATTORNEY ON MOTION TO VA- 
CATE THE APPEAL FROM DECREE OF CIRCUIT COURT, 
AND TO GRANT A REHEARING, FILED MAY 3, 1865 * 

United States Circuit Court, Northern District of California. 

The City of San Francisco 

vs. 
The United States. 

Among the cases pending when I assumed the duties of the office of United 
States Attorney, in September last, was the present one known as the " Pueblo 
Case/' on appeal from the decision of the Board of Land Commissioners, by both 
parties, but the appeal on the part of the United States had been dismissed by 
order of the Attorney-General. 

The case was on the calendar for argument a short time before his Honor, the 
Circuit Judge, left for Washington to attend the session of the Supreme Court. 

I found Mr. J. B. Williams acting in the case on behalf of the United States, 
but by what authority, I had no knowledge. 

He sought no conference, nor did he explain to me, prior to the submission of 
the case, what was his connection with it, nor by whom he was employed. I had 
been informed that he had been paid counsel fees in the case by persons making 
claims to what were known as " Outside Lands," and I hence inferred without 
inquiry that he was acting by the mere permission of my predecessor in office, 
without any pretentions to a voice in the conducting of the litigation. 

This impression I then more readily imbibed from the fact that he, a short time 
before the case was submitted, applied to me for time to prepare or finish a brief, 
and seemed to ask it as a favor. I declined to postpone the case for the reason 
that the Circuit Judge was on the eve of his departure for Washington, and it was 
desirable that a speedy decision should be had. 

Mr. Williams handed up his written brief either at the time, or shortly after the 
cause was submitted. Subsequently, and before the case was decided, one or more 
meetings took place before the Circuit Judge, at Chambers, and some additional 
testimony put in by me, and discussion had touching the Government reserves, 
and free conversations took place touching the law and the facts. It did not occur 
to me to invite Mr. Williams to be present. Indeed, on the question of excepting 
from the decree of confirmation the Government reserves, the interests of his real 
clients were directly in conflict with those of the United States. 

I conceded that, by repeated decisions of the Supreme Court of this State, the 
existence of a pueblo was the settled law, which decisions had been made while 
the Circuit Judge was one of the judges of the Supreme Court, and concurred in 
by him. In view of this state of the law, in connection with the fact that the 
appeal on behalf of the United States had been dismissed by the Attorney-General, 
I did not ask or desire a reexamination of the question in this Court, and so stated 

* The motion was noticed for argument before the Circuit Court, held by the District 
Judge, for November 21st, 1864. The Attorney-General, however, directed the motion to 
be postponed until it could be heard by the Circuit Judge. 



ADDENDA, NO. CXXI. 241 

to the Circuit Judge, and I understood, and now believe, that my action in this 
respect met with his approval. 

The case was decided a day or two before the Circuit Judge left for Washington. 

Soon after his departure, Mr. Williams, without consulting me, and in his own 
name, as special counsel, gave notice of a motion to open the case for reargu- 
ment, based on an affidavit of his own. I regarded the proceeding, as well as 
some of the matters contained in the affidavit and notice, as not only offensive to 
the Judge, but wholly unauthorized on the part of "Special Counsel" for the 
Government, which I then noticed he, for the first time, claimed to be. 

I at once addressed a note to him, refusing my assent to the motion, and stating 
that any and all motions or other proceedings in the conducting of the cause must 
be made by me. 

I afterwards saw him personally and ascertained for the first time the nature of 
his employment. 

He informed me that he was employed by the late Attorney-General, Mr. Bates. 
He admitted, however, that he had also been employed and paid by the outside 
land claimants in the same case. 

In making the motion I have no doubt he acted in the interests of those claim- 
ants, and not from any desire to protect the interests of the Government. 

Notwithstanding my positive refusal to permit the motion to be made, Mr. 
Williams appeared in Court and presented it, the District Judge — who did not 
participate in the decision of the case — being alone on the Bench. I thereupon 
stated, in open Court, in substance what I had already stated to him in private, 
adding that I should await instructions from the Attorney-General. 

The District Judge took time to consider whether he would entertain the motion 
without my sanction. Meanwhile, I was instructed, by telegraph from the Attor- 
ney-General's office, to unite in the motion. This instruction was given, as I have 
since been informed, without full knowledge of the circumstances, but under the 
impression that it was an ordinary case of an application for a rehearing before the 
same Judge who rendered the decision. In accordance with the instruction, I 
signed and caused to be served notice of the present motion. By such notice, 
however, I did not intend to indorse or affirm to be true any of the statements 
made in Mr. Williams' affidavit or notice. 

By a subsequent telegram the Attorney-General directed the motion to be post- 
poned until it could be heard by the Circuit Judge. 

In order that I may not seemingly be responsible for these matters, I have, with 
consent of the counsel for the city, substituted for the former notice the one which 
I now file. 

So far as I am concerned, I now submit the motion without argument, leaving 
your Honor to make such disposition of it as may seem proper. 

DELOS LAKE, 

U. S. Att'y. 

17* 



242 ADDENDA, NO. CXXII. 



No. CXXII. 

AFFIDAVIT OF THE CLERK OF THE UNITED STATES CIRCUIT 
COURT, READ ON THE MOTION TO VACATE THE APPEAL 
FROM DECREE OF CIRCUIT COURT AND TO GRANT A RE- 
HEARING, FILED MAY 3d, 1865. 

In the Circuit Court of the United States for the Northern District of California. 

The City of San Francisco 

vs. 
The United States. 

Northern District of California, ss. 

George C. Gorham, of the City of San Francisco, being duly sworn, saith, that 
he is Clerk of the Circuit Court of the United States for the Northern District of 
California; that he has been such Clerk since the first day of July, 1864; that at 
the last October Term of the Circuit Court, the above-entitled case, which is popu- 
larly known as the "Pueblo Case," was on the calendar for hearing, upon appeal 
from the decision of the Board of Land Commissioners, the case having been 
transferred to the Circuit Court by order of the District Court, under the Act of 
Congress of July 1st, 1864, entitled "An Act to expedite the settlement of titles 
to lands in the State of California;" that said case was called and submitted on 
the fourth day of October, 1864, and a decision was rendered thereon on the thirty- 
first day of the same month, and a decree was settled and filed therein on the sec- 
ond day of November following, and immediately afterwards an order was made 
granting an appeal on behalf of the United States from the decree to the Supreme 
Court. 

And this deponent further saith, that on or about the fourteenth day of said 
November, John B. Williams, Esq., signing himself as " Special Counsel for the 
United States," gave notice of motion to vacate the order granting the appeal, to 
open the decree of the Court, and to grant a rehearing, said notice stating that the 
motion would be made upon the ground that the decision of the Circuit Judge was 
rendered " under a misapprehension of the facts, and without considering the brief 
of the United States, which was suppressed by the Clerk of this Court." 

And this deponent further saith, that accompanying said notice of motion was 
an affidavit of said John B. Williams, in which the said Williams states that he is 
informed and believes, that this deponent " unwarrantably and in derogation " of 
his (said Williams') rights as a member of the bar, and "of the rights of the 
United States as litigants in their own Court, suppressed " his briefs in the case, 
and " withheld them from the Circuit Judge, and that the arguments submitted on 
behalf of the United States were, in consequence of such usurpation of power by the 
Clerk, not considered by the Circuit Judge in his determination of the case, but 
the said cause was decided under a misapprehension of the positions taken by, and 
the proofs offered on behalf of the United States." 

And this deponent further saith, that the affidavit of said John B. Williams 
contains other allegations, charging or assuming that his said briefs had been sup- 
pressed and withheld from the Circuit Judge by this deponent. 

And this deponent further saith, that all the allegations or charges in the said 
affidavit by said Williams, that his said briefs were suppressed and withheld from 



ADDENDA, NO. CXXIII. 243 

the Circuit Judge are untrue and false in every particular ; that this deponent 
never suppressed said briefs, or either of them, or withheld them, or either of 
them, from the Circuit Judge, but, on the contrary, this deponent handed the same 
to the Circuit Judge immediately after they were received, and they were retained 
by the Circuit Judge in his possession until after the decision of the case was 
rendered and announced in open Court. 

And this deponent further saith, that he never suppressed any briefs whatever in 
any case, or withheld them from the Circuit Judge ; and any statements to the 
contrary are wickedly and maliciously false. 

And this deponent further saith, that the indorsement on one of the briefs of 
said Williams, that it was not " marked filed," as he did not appear in the 
case by the authority of the District Attorney; and the endorsement on the 
other that it " was marked filed by mistake," were made upon the belief at the 
time that said John B. Williams was a mere volunteer in the case, for his own 
interests, or the interests of parties claiming outside lands ; that at the time it 
was understood that he was retained by the parties on such lands, although using 
the name of the United States ; and this deponent was informed that he did not 
appear by any authority from the District Attorney. 

And this deponent further saith, that his action in making said indorsements 
was approved at the time by the Circuit Judge. 

GEORGE C. GORHAM. 

Subscribed and sworn to before me this third day of May, a.d. 1865. 
[l.s.] W. F. HUESTIS, 

* U. S. Commissioner. 



No. CXXIII. 

OPINION OF MR. JUSTICE FIELD OF THE UNITED STATES 
CIRCUIT COURT, DENYING THE MOTION TO OPEN THE 
DECREE CONFIRMING THE CLAIM OF THE CITY, AND FOR 
A REHEARING, FILED MAY 11th, 1865. 

The City of San Francisco ) 

vs. ? 

The United States. ) 

This case was submitted to the Court for its consideration on the fourth of 
October last, and was decided on the thirty-first of the same month. The decree 
confirming the claim of the city was settled and entered on the second of Novem- 
ber, and on the same day an appeal was allowed at the instance of the United 
States to the Supreme Court. 

On the fourteenth of November, John B. Williams, Esq., styling himself " special 
counsel" for the United States, gave notice that he would move the Court on 
the twenty-first of the same month, to vacate the order allowing the appeal, to 
open the decree confirming the claim of the city, and to grant a rehearing of the 
case, upon the ground that the decision of the Circuit Court " was rendered under 
a misapprehension of the facts, and without considering the brief of the United 
States, which was suppressed by the Clerk of this Court." In support of the mo- 



244 ADDENDA, NO. CXXIII. 

tion, the notice was accompanied with an affidavit of Mr. Williams, in which he 
states that he is "informed and believes" that the Clerk of the Court "unwar- 
rantably and in derogation" of his (said Williams) rights "as a member of this 
bar, and of the rights of the United States as litigants in their own Courts, sup- 
pressed" his briefs in the case, and " withheld them from the Circuit Judge, and 
that the arguments submitted in behalf of the United States were in consequence 
of such usurpation of power by the Clerk, not considered by the Circuit Judge in 
his determination of the case, but that said cause was decided under a misappre- 
hension of the positions taken by, and the proofs offered in behalf of the United 
States." 

The affidavit contains other allegations based upon the assumption that the brief 
had been suppressed and withheld from the Circuit Judge. It also refers to certain 
concessions alleged to have been made by the District Attorney, which will be 
particularly considered hereafter. 

In this proceeding the District Attorney was not consulted, and that officer upon 
hearing of it, addressed a note to the " special counsel," refusing his assent to the 
motion, and stating that all motions and other proceedings in the conduct of the 
cause must be made by him. Mr. Williams, however, persisted in the motion, 
and endeavored to have the same heard by the District Judge, who did not sit in 
the case, or participate in its decision. 

The position of the District Attorney in claiming the control of the cause was 
entirely correct. He is the regular officer of the Government, having charge of 
all its legal proceedings within his district, subject only to the general direction 
and supervision of the Attorney- General. When other counsel are employed in 
these proceedings, it is to aid him in their management, not to assume his author- 
ity or direct his conduct. The position of Mr. Williams was solely that of assistant 
counsel. He could not control the proceedings in the case, or bind the Goverment 
by his admissions or action. 

And it appears also from the statement of the District Attorney, that Mr. Wil- 
liams at the time had been retained and paid as counsel by claimants of what are 
known as "outside lands;" that is, of lands within the asserted limits of the 
pueblo, but outside of the tract confirmed to the occupants by ordinances of the 
city, and the legislation of the State and the General Government, and that the 
interests of these third parties, upon the question of excepting from the decree of 
confirmation the Government reserves, were directly in conflict with those of the 
United States. 

But there were other considerations which undoubtedly governed the conduct of 
the District Attorney. Some of the statements made in the affidavit he knew were 
inaccurate, and the correctness of other statements he had good grounds to distrust. 
He was also influenced, as we have reason to believe, by a just sense of the impro- 
priety of asking a District Judge, though holding the Circuit Court, to vacate a 
decree rendered by the Circuit Judge, in a case of so much magnitude and import- 
ance, immediately after that officer had left the State, not upon grounds apparent 
upon the record, but upon statements, the truth of which rested chiefly in the 
knowledge of the latter. 

The District Judge did not sit in any of the cases heard at the October Term by 
the Circuit Judge, and it was a matter of regret that the benefit of his counsel and 
assistance was not had in the determination of the present case. The familiarity 
of that officer with the laws and customs and policy of Mexico in the disposition 



ADDENDA, NO. CXXIII. 245 

of her public domain, and in the establishment and endowment of her municipal 
bodies, would have greatly lessened the labor of investigating the case. But as he 
did not participate in its consideration, the District Attorney, as we may suppose, 
naturally felt the indelicacy of asking any subsequent interference by him, which, 
under the circumstances, would have been to ask him to do an act of judicial dis- 
courtesy. 

The Attorney General, in subsequently directing the District Attorney to unite 
in the motion, was under the impression that it was the ordinary case of an appli- 
cation for a rehearing before the same Judge who rendered the decision. When 
made acquainted with the circumstances, he directed the postponement of the 
motion until it could be heard by that officer. In the investigation of the case, the 
briefs of the special counsel were carefully examined. His first brief was handed 
by the Clerk to the Circuit Judge the day on which the case was submitted, and 
the second brief was handed to him on the day of its presentation. Both were 
retained in his possession until after the decision was rendered and announced in 
Court. Numerous other briefs bearing upon the question of the existence of a 
pueblo at the site of the present City of San Francisco upon the cession of the 
country, were also examined by him, particularly the elaborate brief of Mr. 
Nathaniel Bennett, late one of the Justices of the Supreme Court of this State ; 
the brief of the late Mr. Edmund Randolph, and the brief of Mr. Horace Hawes, 
of this city. These briefs were all upon the same side of the question taken by 
the " special counsel," and are characterized by great ability and learning, and 
until the appearance of the brief of that gentleman, they were supposed to have 
exhausted the argument on that side. 

These several briefs were received by the Circuit Judge without any indorse- 
ment by the Clerk, and are still in his possession. The briefs of Mr. Williams 
were returned to the office of the Clerk. But as it was generally understood at 
the time that he was retained by the occupants of " outside lands," and the Dis- 
trict Attorney knew of no other authority for his appearance as counsel, the Clerk 
indorsed upon one of them the reason for not marking it filed, and upon the other 
brief that it was marked filed by mistake, and left them both in that condition 
among the papers of the case to be given to the author when called for. His 
action in this respect was at that time approved by the Circuit Judge. No such 
injurious suggestion was made, or if made, entertained for a moment — that Mr. 
Williams was also retained by the United States, and thus had a "divided duty " 
between the settlers and the Government. 

From these indorsements alone the special counsel drew his conclusion that his 
briefs were suppressed. Upon these indorsements alone, as he stated on the argu- 
ment of this motion, he made the affidavit that he was " informed and believes " 
his briefs were suppressed and withheld from the Circuit Judge. His conclusion 
in this respect was illogical ; there is no necessary connection between the indorse- 
ments made and the suppression alleged. The indorsements gave no such informa- 
tion as represented. 

The subject provokes further comment, but we refrain, and will only observe 
that it is the first time within our judicial experience that any counsel has had the 
hardihood to make oath to what must necessarily have been with him only a matter 
of inference, and assuming his inference to be a fact has proceeded to cast imputa- 
tions of misconduct upon officers of the Court. 

In the opinion rendered in this case, after stating that, by the appeal on the part 



246 ADDENDA, NO. CXXIII. 

of the city, the whole issue was open, the Court said, " But though the whole issue 
is thus open, the dismissal of the appeal on the part of the United States may very 
properly be regarded as an assent by the Government to the main facts upon which 
the claim of the city rests — namely, the existence of an organized pueblo, at the 
site of the present city, upon the acquisition of the country by the United States on 
the seventh of July, 1846; the possession by that pueblo of proprietary rights in 
certain lands ; and the succession to such proprietary rights by the City of San 
Francisco. The District Attorney does not, therefore, deem it within the line of 
his duty to controvert these positions, but on the contrary, admits them as facts in 
the case, contending only that the lands appertaining to the pueblo were subject, 
until by grant from the proper authorities they were vested in private proprietor- 
ship, to appropriation to public uses by the former Government, and, since the 
acquisition of the country, by the United States. He therefore insists upon an 
exception from the confirmation to the city, of land heretofore reserved or occupied 
by the Government for public uses, and I do not understand that the counsel of the 
city objects to an exception of this character." 

The views thus expressed of the effect which may justly be given to the dismissal 
of the appeal of the United States, the special counsel finds inconsistent with the 
views expressed in the case of Le Roy vs. Wright ; and the concessions alleged to 
have been made by the District Attorney he asserts are denied by that officer. 

There is no inconsistency in the views expressed in the two cases. In Le Roy 
vs. Wright, certain officers of the army of the United States, acting under orders 
of the Secretary of War, had taken possession of a tract of land adjoining the 
premises claimed by the complainant at Black Point, within the city limits, and 
commenced the erection of fortifications for the protection of the Harbor of San 
Francisco, and had declared their intention to take like possession of the prem- 
ises in controversy, and to appropriate them for the erection of barracks and other 
buildings required in connection with the fortifications. The complainant by his 
suit sought to restrain such appropriation until compensation to him for the prop- 
erty was previously made. He derived his title under the City of San Francisco, 
and as evidence that the ownership of the property had been adjudged to the city as 
the successor of the former pueblo, he produced the decree of the Board of Land 
Commissioners confirming her claim. As the appeal from this decree on the part 
of the United States had been dismissed by consent of the Attorney General, he 
regarded the decree as closing the controversy between the city and the Govern- 
ment as to the land to which the claim was confirmed : and so his counsel 
contended. 

But the Court held that in this view of the case the counsel was mistaken, that, 
had the city withdrawn her appeal, such result would have followed ; but as she 
continued to prosecute it for an additional quantity beyond that confirmed, the 
whole issue was opened. The counsel of the United States was therefore allowed 
to introduce certain documents on file in the office of the Surveyor- General of the 
United States for California, tending to show that a tract embracing the premises 
in question, had been excepted and reserved from sale for public purposes, by order 
of the President, as early as November, 1850; evidence which had been inadvert- 
ently omitted when the case was pending before the Board of Land Commission- 
ers. It was not then pretended by counsel or held by the Court, nor has it ever 
been pretended or held since, that the dismissal of the appeal by the United States 
was an act without any significance. On the contrary, the dismissal has always 



ADDENDA, NO. CXXIII. 247 

been regarded as an admission by the Government of the main facts upon which 
the claim of the city rests. The Land Commissioners had adjudged that there 
was an organized pueblo at the site of the present City of San Francisco ; that 
such pueblo held certain proprietary rights to land ; and that the city had succeeded 
to those rights. The United States said in substance, through their highest legal 
officer, we admit the correctness of this adjudication; we acknowledge the law 
and the facts to be as there declared ; and we consent that this recognition of the 
validity of the claim of the city to some lands shall be carried into the decree of 
the Court. And it was so carried into the decree, and that decree still remains of 
record in full force. Although on appeal the whole issue be opened, this recogni- 
tion of the rights of the city does not lose all efficacy as evidence on the new 
hearing. Admissions once made in a cause are not necessarily excluded from 
consideration because a second trial of the same issue be had. 

The consent of the Government thus remaining on the files of the Court, and 
being embodied in its decree, the only questions of difficulty in the case necessarily 
related to the extent and boundaries of the claim of the city, and of the reservations 
of the Government for public purposes. 

. In the statement filed by the District Attorney, he mentions that after the case 
had been submitted, one or more meetings were had at Chambers before the Cir- 
cuit Judge, and additional testimony put in and discussion had relative to the 
Government reserves ; and that " free conversations took place touching the law 
and the facts ;" that he conceded that by repeated decisions of the Supreme Court 
of the State, the existence of a pueblo was the settled law ; and that in view of this 
state of the law, in connection with the fact that the appeal on behalf of the United 
States had been dismissed by the Attorney- General, he neither asked nor desired 
a reexamination of the question in this Court. 

To this statement we will only add that the understanding of the Circuit Judge 
of the concessions made by the District Attorney, and of the assent made by the 
counsel of the city with respect to lands reserved or occupied by the Government 
for public purposes, was expressed in the paragraph cited above from his opinion. 
That paragraph was written after the " free conversations " of counsel before him, 
" touching the law and the facts," and it was read to the District Attorney and to 
the counsel of the city before the opinion was delivered in Court. Neither of these 
gentlemen expressed at the time any dissent from its language, or any intimation 
that the Circuit Judge had misapprehended the concessions, nor was any suggest- 
ion made by the District Attorney, until after the opinion was published, that the 
statement of the concessions was in any particular too broad and comprehensive. 

These concessions, however, did not determine the case. They only obviated 
the necessity of setting forth a detailed statement of the evidence upon which the 
claim of the city rested. Referring to them the opinion says : "It is unnecessary, 
therefore, to recite the historical evidence of the existence of a pueblo previous to 
and at the date of the acquisition of the country at the present site of the City of 
San Francisco, which is very fully presented in the elaborate opinion filed by the 
Commission on the rendition of its decision. Since that decision was made the 
question has been considered by the Supreme Court of the State, and, in an opinion 
in which the whole subject is examined, a similar conclusion is reached ; and if 
anything were wanting in addition to the arguments thus furnished, it is found in 
the able and exhaustive brief of the counsel of the city." 

The decision was based upon the documentary evidence found in the record, and 
the action of the officers of the Government after the conquest. 



248 ADDENDA, NO. CXXIV. 

" The documents," says the opinion, " of undoubted authenticity, to which the 
opinions and brief of counsel refer, establish beyond controversy the fact that a 
pueblo of some kind, having an Ayuntamiento composed of Alcaldes, Regidores, 
and other municipal officers, existed as early as 1834, and that the pueblo continued 
in existence until and subsequent to the cession of the country. The action of the 
officers of the United States in the government of the city, and the appointment 
or election of its magistrates after the conquest, both preceding and subsequent to 
the treaty of peace, proceeded upon the recognition of this fact ; and the titles to 
property within the limits of the present city, to the value of many millions, rest 
upon a like recognition." 

We have thus disposed of the main positions upon which the motion rests. The 
affidavit, it is true, contains several other matters ; it details at some length the 
connection of the special counsel with the case, and it gives an account of com- 
munications made to the public journals of the city in relation to the decision of 
the Court and the brief of counsel, but it is not perceived that these particulars, 
however interesting in themselves, have any pertinency to the motion presented. 
The affidavit also attempts to state what the special counsel contended for in his 
brief, but as this appeared by the brief itself, which was considered by the Court 
previous to the decision, no information is imparted by the statement. 

It follows, that the motion to open the decree and to, grant a rehearing must be 
denied. It only remains to dispose of that part of the motion which asks that the 
order granting the appeal be vacated. We are disposed to think that a vacation 
of the order was only desired as a preliminary to the opening of the decree. Of 
course, if the United States desire the appeal to be withdrawn, their wishes in this 
respect will be carried out. The order denying the motion generally, will there- 
fore be subject to their right to renew the motion in this particular. 

Motion denied. 

FIELD, 

Circuit Judge. 



No. CXXIV. 

ORDER ENTERED MAY 11th, 1865, IN THE CIRCUIT COURT OF THE 
UNITED STATES REFUSING MOTION TO OPEN DECREE OR 
GRANT A REHEARING IN THE PUEBLO CASE BUT STAYING 
THE ENTRY OF FINAL ORDER IN THIS BEHALF, FOR THE 
PURPOSE OF MODIFYING THE FINAL DECREE. 

The City of San Francisco ) 

vs. > 

The United States. ) 

May 11th, 1865. 
And now this day appear the parties here by their respective attorneys — Delos 
Lake, Esq., District Attorney for the United States, and John W. Dwindle, Esq., 
and John H. Saunders, Esq., for the City of San Francisco ; and thereupon the 
Court reads its opinion upon the motion heretofore made in this cause to open the 
decree of the Court confirming the claim of the city, and to grant a rehearing of 
the cause, and announces its judgment that the said motion be denied. Thereupon 



ADDENDA, NO. CXXY. 249 

it is suggested to the Court by counsel for parties claiming lands within the four 
square leagues confirmed, that the decree of this Court, entered on the second of 
November last, does not embody with entire precision the decision expressed by 
the opinion of the Court delivered at the time, and that said decree should be mod- 
ified in some respects in its language, in order to avoid any uncertainty or doubt 
as to its purport and meaning. It is therefore ordered, the attorneys of the city 
consenting thereto, that the entry of the order denying said motion be stayed until 
counsel can be heard for a modification of the said decree, so that a modification, 
if allowed, may be made at the same time that the order denying said motion is en- 
tered. FIELD, 

Circuit Jud^e. 



No. CXXV. 

FINAL ORDER OF THE UNITED STATES CIRCUIT COURT DENY- 
ING THE MOTION OF THE UNITED STATES TO OPEN, FOR A 
REHEARING OF THE CASE, THE DECREE CONFIRMING THE 
CLAIM OF THE CITY OF SAN FRANCISCO TO THE PUEBLO 
LANDS, BUT ORDERING, FOR WANT OF CONFORMITY OF 
THE DECREE ENTERED TO THE DECISION EXPRESSED 
IN THE OPINION FILED AT THE TIME, THAT THE DECREE 
BE VACATED, AND A NEW DECREE ENTERED. ORDER 
ENTERED JUNE 18th, 1865. 

The City of San Francisco 

vs. 
The United States. 

And now at this day appear the parties hereto by their respective attorneys — De- 
los Lake, Esq., the District Attorney for the United States, and John W. Dwinelle, 
Esq., for the city; and thereupon it is ordered and adjudged by the Court, that 
the motion heretofore made for a rehearing of this cause, the same having been 
argued, and due deliberation having been had thereon, be and the same is hereby 
denied. 

- But inasmuch as it appears to the Court upon reexamination of the record and 
opinion filed on the decision of the case, that the decree entered herein on the 
second day of November, 1864, does not embody with entire precision the decision 
expressed by the opinion, and should be modified in some respects in its language, 
so as to avoid any uncertainty or doubt as to its purport and meaning, it is there- 
fore ordered, adjudged, and decreed, that the decree entered in this cause confir- 
ming the claim of the City of San Francisco on the second day of November, a.d. 
1864, be and the same is hereby vacated, and that in lieu thereof the decree herewith 
filed be entered as the final decree in the cause. 

FIELD, 

May 18, 1865. Circuit Judge. 



250 ADDENDA, NO. CXXVI. 



No. CXXYI. 

FINAL DECREE CONFIRMING THE CLAIM OF THE CITY OF SAN 
FRANCISCO TO ITS PUEBLO LANDS, ENTERED MAY 18th, 
1865. 

The City of San Francisco ) 

vs. > 

The United States. ; 

The appeal in this case taken by the petitioner, the City of San Francisco, from 
the decree of the Board of Land Commissioners to ascertain and settle private 
land claims in the State of California, entered on the twenty-first day of December, 
1854, by which the claim of the petitioner was adjudged to be valid, and confirmed 
to lands within certain described limits, coming on to be heard upon the transcript 
of proceedings and decision of said Board, and the papers and evidence upon which 
said decision was founded, and further evidence taken in the District Court of the 
United States for the Northern District of California pending said appeal — the said 
case having been transferred to this Court by order of the said District Court, 
under the provisions of section four of the Act entitled "An Act to expedite the 
Settlement of Titles to Lands in the State of California," approved July 1st, 1864 — 
and counsel of the United States and for the petitioner having been heard, and due 
deliberation had, it is ordered, adjudged, and decreed, that the claim of the peti- 
tioner, the City of San Francisco, to the land hereinafter described, is valid, and 
that the same be confirmed. 

The land of which confirmation is made is a tract situated within the County of 
San Francisco, and embracing so much of the extreme upper portion of the penin- 
sula above ordinary high-water mark (as the same existed at the date of the con- 
quest of the country, namely, the seventh of July, a.d. 1846) on which the City of 
San Francisco is situated, as will contain an area of four square leagues — said 
tract being bounded on the north and east by the Bay of San Francisco ; on the 
west by the Pacific Ocean ; and on the south by a due east and west line drawn so 
as to include the area aforesaid, subject to the following deductions, namely : such 
parcels of land as have been heretofore reserved or dedicated to public uses by the 
United States ; and also such parcels of land as have been by grants from lawful 
authority vested in private proprietorship, and have been finally confirmed to par- 
ties claiming under said grants by the tribunals of the United States, or shall here- 
after be finally confirmed to parties claiming thereunder by said tribunals, in pro- 
ceedings now pending therein for that purpose ; all of which said excepted parcels 
of land are included within the area of four square leagues above-mentioned, but 
are excluded from the confirmation to the city. This confirmation is in trust, for 
the benefit of the lot-holders under grants from the Pueblo, Town, or City of San 
Francisco, or other competent authority, and as to any residue, in trust for the use 

and benefit of the inhabitants of the city. 

FIELD, 

Circuit Judge. 
San Francisco, May 18th, 1865. 



ADDENDA, NOS. CXXVII, CXXYIII. 251 



No. CXXVII. 

MOTION OF THE RESPECTIVE PARTIES FOR AN APPEAL FROM 
THE FINAL DECREE OF TEE CIRCUIT COURT OF THE 
UNITED STATES, CONFIRMING THE CLAIM OF THE CITY 
OF SAN FRANCISCO TO FOUR LEAGUES OF PUEBLO LANDS. 

May, 18th, 1865. 

And the decree aforesaid having been duly entered, the District Attorney moves 
that an appeal be allowed therefrom on behalf of the United States to the Supreme 
Court. 

And the attorneys of the City of San Francisco, also move that an appeal be 
allowed on behalf of said city to the Supreme Court from so much of said decree 
as includes in the estimate of the quantity of four square leagues confirmed, the 
parcels of land which have been heretofore reserved or dedicated to public uses by 
the United States, which said motions were taken under advisement bv the Court. 



No. CXXVIII. 

OPINION OF MR. JUSTICE FIELD, OF THE UNITED STATES CIR- 
CUIT COURT, DENYING THE MOTIONS FOR AN APPEAL TO 
THE SUPREME COURT OF THE UNITED STATES, FROM THE 
DECREE OF THE CIRCUIT COURT OF THE UNITED STATES, 
CONFIRMING THE CLAIM OF THE CITY OF SAN FRANCIS- 
CO TO FOUR LEAGUES OF PUEBLO LANDS, FILED MAY 29th, 
1865. 

The City of San Francisco ) 

vs. > 

The United States. ) 

Both parties to this cause desire to appeal from the final decree entered on the 
eighteenth instant — the United States from the whole of the decree, and the City 
of San Francisco from so much of the decree as includes in the estimate of the 
quantity of four square leagues confirmed, the parcels of land which have been 
reserved or dedicated to public uses by the United States. 

When the appeal from the decree as originally entered on the second of Novem- 
ber last was allowed, it was supposed, without examination, that an appeal would 
lie to the Supreme Court. Since then our attention has been called to the Act 
of July 1st, 1864, under which the Circuit Court acquired its jurisdiction, and to 
the fact that it makes no provision for a review of the decisions of the Court. 

The jurisdiction of the Supreme Court, under previous Acts of Congress, over 
the judgments and decrees of the Circuit Court, is limited to a review of final 
judgments and decrees in cases originally instituted in that Court, or transferred to 
it from the Courts of the several States, or removed to it by appeal or writ of 
error from the District Courts of the United States. (The Judiciary Act of Sept. 



252 ADDENDA, NO. CXXVIII. 

24th, 1789, Sec. 22, 1 Statues at Large, 73 ; the Act of March 3d, 1803, in addition 
to the Judiciary Act, Sec. 2, 1 7c?., 244 ; the Act of July 4th, 1836, to promote the 
progress of the useful arts, Sec. 17, 5 Id., 117 ; the Act of July, 1840, in addition 
to the acts respecting the judicial system of the United States, Sec. 3, 5 Id., 392 ; 
the Act of May 31st, 1844,. amending the Judiciary Act, 5 Id., 658.) 

The Act of March 3d, 1851, to ascertain and settle private land claims in the 
State of California, does not provide for any consideration by the Circuit Court of 
cases of this character. The jurisdiction over these cases is by that act vested, in 
the first instance, in a Board of Commissioners, and afterwards, on appeal from 
the decision of the Board, in the District Court. From the decrees of the District 
Court an appeal lies directly to the Supreme Court. 

The Act of July 1st, 1864, authorizes a transfer from the District Court to the 
Circuit Court of cases of this kind, where the District Judge is interested in the land, 
the claim to which is pending before him, and also where the case affects the title 
to lands within the corporate limits of any city or town ; but it does not confer 
any right of appeal from the action of the Circuit Court in these cases after they 
are transferred. 

The Supreme Court, by the Constitution, takes its appellate jurisdiction over 
cases " with such exceptions and under such regulations as the Congress shall 
make." And the designation by Acts of Congress, of the cases to which this 
jurisdiction shall extend, has been held to be a legislative declaration, that all 
other cases are excepted from it. 

" When the first Legislature of the Union," says Mr. Chief Justice Marshall, 
" proceeded to carry the third article of the Constitution into effect, they must be 
understood as intending to execute the power they possessed of making excep- 
tions to the appellate jurisdiction of the Supreme Court. They have not, indeed, 
made these exceptions in express terms. They have not declared that the appel- 
late power of the Court shall not extend to certain cases ; but they have described 
affirmatively its jurisdiction, and this affirmative description has been understood 
to imply a negative on the exercise of such appellate power as is not compre- 
hended within it." (Durousseau vs. The United States, 6 Cranch, 307.) And in 
illustration of this principle reference is made to the provision of the law which 
allows a writ of error to a judgment of the Circuit Court, where the matter in 
controversy exceeds the value of two thousand dollars. "There is no express 
declaration," says the Chief Justice, " that it will not lie where the matter in con- 
troversy shall be of less value. But the Court considers this affirmative descrip- 
tion as manifesting the intent of the Legislature to except from its appellate 
jurisdiction all cases decided in the circuits where the matter in controversy is of 
less value, and implies negative words." 

It follows, therefore, that the appellate jurisdiction of the Supreme Court exists 
only in those cases in which it is expressly granted. In conformity with this 
principle, it has been held that such jurisdiction does not extend to final judgments 
in criminal cases, it not having been conferred by Congress. A question arising 
in a criminal case can only be brought before the Supreme Court for decision upon 
a certificate of a division of opinion between the Judges of the Circuit Court. 
(Forsyth vs. The United States, 9 How., 571.) So under the Judiciary Act of 1789, 
jurisdiction to review a judgment or decree of the Circuit Court, rendered in an 
action brought before it from the District Court on writ of error was denied, as the 
act only mentioned judgments and decrees brought before the Circuit Court on 



ADDENDA, 10. CXXVIIL 253 

appeal from the District Court. (United States vs. Goodwin, 7 Cranch, 108.) 
And in Barry vs. Mercein, it was decided that under the 22d section of the Ju- 
diciary Act, which provides for a review by the Supreme Court of final judgments 
and decrees of the Circuit Court, where the matter in dispute exceeds the sum or 
value of two thousand dollars, the appellate power of the Court did not exist 
unless the matter in dispute was money, or some right, the value of which in 
money could be calculated and ascertained. In that case the controversy was be- 
tween parents for the custody and care of their child, a matter, as justly observed^ 
rising superior to all money considerations ; yet the Court refused to entertain 
jurisdiction, observing that there were no words in the law which, by any just 
interpretation, could be held to authorize it to take cognizance of cases to which 
no test of money value could be applied ; that a similar limitation upon its appel- 
late power existed with reference to judgments in criminal cases, although the lib- 
erty or life of the party might depend on the decision of the Circuit Court ; and 
that inasmuch as it could exercise no appellate power unless it was conferred 
by Act of Congress, the writ of error issued in the case must be dismissed. ( 5 
How., 103.) 

From these authorities — and others to the same effect might be cited — it is clear 
that in the absence of any provision in the Act of July 1st, 1864, giving a right of 
appeal from the decision of the Circuit Court in the present case, the right does 
not exist. 

Nor is the absence of such provision an oversight on the part of Congress. It 
is evident, we think, from the general language of the act, and the object sought 
to be accomplished by it, that it was the intention of the Legislature to give 
finality to the action of the Circuit Court in the cases transferred to its jurisdic- 
tion. 

The act was designed, as its name purports, to expedite the settlement of titles 
to land in the State. Great delays and embarrassments were found to exist in 
determining the location and boundaries of tracts confirmed after the question of 
title had been adjudicated. The hearing by the District Court of exceptions to 
surveys returned by the Surveyor-General, interposed by parties possessing or as- 
serting adverse interests, the taking of depositions, the discussion of counsel, and 
the modifications or new surveys sometimes ordered, necessarily occupied the time 
usually taken by an ordinary suit at law. Then followed the right of appeal to the 
Supreme Court from the action of the District Court, not merely by the original 
contestants to the proceeding, but by third parties intervening, whether adjoining 
proprietors, purchasers under the original grantee, or persons claiming by preemp- 
tion, settlement, or other right under the United States. To obviate the delays 
and expense necessarily attending proceedings of this character, particularly as 
occasioned by the appeal to the Supreme Court, and to relieve that tribunal, 
already burdened by a crowded docket, the act limited its jurisdiction to cases in 
which appeals were then pending, and vested jurisdiction in the Circuit Court, over 
cases in which appeals might be subsequently taken. When from the decree of 
the District Court approving or correcting the survey, no appeal had been taken, 
"no appeal/' says the act, "to that Court shall be allowed, but an appeal maybe 
taken, within twelve months after this act shall take effect, to the Circuit Court of 
the United States, for California, and said Court shall proceed to fully determine 
the matter." 

Following these provisions is the section which directs that when the District 



254 ADDENDA, NO. CXXVIII. 

Judge is interested in any land, the claim to which, under the Act of March 3d, 
1851, is pending before him on appeal from the Board of Commissioners, the case 
shall be transferred to the Circuit Court, " which shall thereupon take jurisdiction 
and determine the same." The act then proceeds as follows : " The said District 
Courts may also order a transfer to the said Circuit Court of any other cases arising 
under said act, pending before them, affecting the title to lands within the corpo- 
rate limits of any city or town, and in such cases both the District and Circuit 
Judges may sit." 

At the passage of the act there were only two cases pending in the District 
Courts of California, Avith reference to which the authority conferred by this last 
clause could be exercised — the case of the City of San Francisco, and the case of 
the City of Sonoma, both against the United States. The first case had then been 
pending in the District Court for over eight years. In the mean time the city had 
extended in all directions, and interests of vast magnitude had grown up which 
demanded that the title to the land upon which the city rested should be, in some 
way, speedily and finally settled. The Land Commissioners had adjudged that 
the claim of the city was valid within certain described limits. The United States 
through their highest legal officer, had assented to this adjudication : and the 
decree of the District Court, declaring its finality as against the Government, had 
been on record for years, and was then in full force. And by the act itself the 
United States relinquished whatever right and title they possessed to the land 
within the charter limits of 1851. 

The case of the City of Sonoma had been likewise pending in the District Court 
on appeal for over eight years. In this case the United States had, through the 
Attorney-General, signified their assent to a confirmation of the decree of the 
Board, and the notice of prosecuting the appeal on the part of the city had not 
been given within the six months prescribed by the Act of Congress. 

It was under these circumstances that the law was passed authorizing a transfer 
of these cases to the Circuit Court. If an appeal from its action had been in- 
tended, no beneficial object would have been accomplished by the transfer, for the 
same delay would follow an appeal from the Circuit Court as would follow an 
appeal from the District Court. Nor can any reason in that view be assigned for 
allowing both the District and Circuit Judges, if they desired, to sit in the hearing 
of these cases. 

If the matter were less clear we might yield to the suggestion of counsel, and 
allow the appeal pro forma; but as we have no doubt whatever that our decision 
is final, our duty is plain. We might with equal propriety sign a citation upon an 
appeal under the 22d Section of the Judiciary Act, where the matter in dispute is 
less than the sum or value of two thousand dollars. 

The decision not being subject to appeal, the controversy between the city and 

the Government is closed, and the claim of the city stands precisely as if the 

United States owned the land and by an Act of Congress had ceded it, subject 

to certain reservations, to the city in trust for the inhabitants. 

Motion to allow an appeal denied. 

FIELD, 

Circuit Judge. 



ADDENDA, NOS. CXXIX, CXXX. 255 



No. CXXIX. 

ORDER ENTERED IN THE CIRCUIT COURT OF THE UNITED 
STATES DENYING THE MOTIONS EOR APPEALS TO THE 
SUPREME COURT OF THE UNITED STATES FROM THE 
DECREE CONFIRMING THE CLAIM OF THE CITY OF SAN 
FRANCISCO TO FOUR LEAGUES OF PUEBLO LANDS, EN- 
TERED MAY 29th, 1865. 

The City of San Francisco ) 

vs. > 

The United States. ) 

And now at this day appear the parties hereto by their respective attorneys, 
Delos Lake, Esq., the District Attorney for the United States, and John W. 
Dwinelle, Esq., and John H. Saunders, Esq., for the City of San Francisco, and 
thereupon the motions heretofore made by the said parties that an appeal be allowed 
to them to the Supreme Court of the United States from the decree rendered 
herein on the eighteenth instant, confirming the claim of the City of San Francisco, 
having been duly considered, it is ordered, adjudged, and decreed, by the Court, 
that the same be denied. 

FIELD, 

Circuit Judge. 

May 29th, 1865. 



No. CXXX. 

ACT OF CONGRESS OF JULY 1st, 1864, CEDING TO THE CITY 
OF SAN FRANCISCO, ALL THE RIGHT, TITLE, AND IN- 
TEREST OF THE UNITED STATES IN THE LANDS EM- 
BRACED WITHIN THE CORPORATE LIMITS OF SAID CITY, 
AS DEFINED BY THE CITY CHARTER OF 1851, FOR THE 
USES AND PURPOSES SPECIFIED IN THE VAN NESS 
ORDINANCE; AND ALSO AUTHORIZING CLAIMS FOR 
PUEBLO LANDS TO BE TRANSFERRED FROM THE UNIT- 
ED STATES DISTRICT COURTS TO THE UNITED STATES 
CIRCUIT COURTS; AND ALSO REGULATING SURVEYS OF 
CERTAIN LANDS. 

[U. S. Statutes at Large, vol. 13, page 332.J 

Chap. CXCIV.— An Act to expedite the Settlement of Titles to Lands in the State of 

California. 

Be it enacted by the Senate and Rouse of Representatives of the United States of 
America, in Congress assembled, That whenever the Surveyor General of California 
shall, in compliance with the thirteenth section of an act entitled "An Act to as- 
certain and settle the private land claims in the State of California," approved 
March third, eighteen hundred and fifty-one, have caused any private land claim 



256 ADDENDA, NO. CXXX. 

to be surveyed and a plat to be made thereof, he shall give notice that the same 
has been done by a publication, once a week for four consecutive weeks, in two 
newspapers, one published in the City of San Francisco, and one published near 
the land surveyed; and shall retain in his office, for public inspection, the survey and 
plat until ninety days from the date of the first publication in San Francisco shall 
have expired ; and if no objections are made to said survey, he shall approve the 
same, and transmit a copy of the survey and plat thereof to the Commissioner of 
the General Land Office at Washington, for his examination and approval ; but if 
objections are made to said survey within the said ninety days, by any party claim- 
ing to have an interest in the tract embraced by the survey, or in any part thereof, 
such objections shall be reduced to writing, stating distinctly the interest of the 
objector, and signed by him or his attorney, and filed with the Surveyor General, 
together with such affidavits or other proofs as he may produce in support of the 
objections. At the expiration of said ninety days the Surveyor General shall 
transmit to the Commissioner of the General Land Office at Washington a copy 
of the survey and plat, and objections, and proofs filed with him in support of the 
objections, and also of any proofs produced by the claimant and filed with him in 
support of the survey together with his opinion thereon ; and if the survey and 
plat are approved by the said Commissioner, he shall indorse thereon a certificate 
of his approval. If disapproved by him, or if, in his opinion, the ends of justice 
would be subserved thereby, he may require a further report from the Surveyor 
General of California, touching the matters indicated by him, or proofs to be 
taken thereon, or may direct a new survey and plat to.be made. Whenever the 
objections are disposed of, or the survey and plat are corrected, or a new survey 
and plat are made in conformity with his directions, he shall indorse upon the sur- 
vey and plat adopted his certificate of approval. After the survey and plat have 
been, as hereinbefore provided, approved by the Commissioner of the General Land 
Office, it shall be the duty of the said Commissioner to cause a patent to issue to 
the claimant as soon as practicable after such approval. 

Sec. 2. And be it further enacted, That the provisions of the preceding section 
shall apply to all surveys and plats by the Surveyor General of California hereto- 
fore made, which have not already been approved by one of the District Courts of 
the United States for California, or by the Commissioner of the General Land 
Office : provided, that where proceedings for the correction or confirmation of a 
survey are pending on the passage of this act in one of the said District Courts, it 
shall be lawful for such District Court to proceed and complete its examination 
and determination of the matter, and its decree thereon shall be subject to appeal 
to the Circuit Court of the United States for the district in like manner, and with 
like effect as hereafter provided for appeals in other cases to the Circuit Court ; 
and such appeals may be in like manner disposed of by said Circuit Court. 

Sec. 3. And be it further enacted, That where a plat and survey have already 
been approved or corrected by one of the District Courts of the United States for 
California, and an appeal from the decree of approval or correction has already 
been taken to the Supreme Court of the United States, the said Supreme Court 
shall have jurisdiction to hear and determine the appeal. But where from such 
decree of approval or correction, no appeal has been taken to the Supreme Court, 
no appeal to that Court shall be allowed, but an appeal may be taken, within twelve 
months after this act shall take effect, to the Circuit Court of the United States 
for California, and said Circuit Court shall proceed to fully determine the matter. 



ADDENDA, NO. CXXX. 257 

The said Circuit Court shall have power to affirm, or reverse, or modify the action 
of the District Court, or order the case back to the Surveyor General for a new 
survey. When the case is ordered back for a new survey, the subsequent survey 
of the Surveyor General shall be under the supervision of the Commissioner of 
the General Land Office, and not of the District or Circuit Court of the United 
States. 

Sec. 4. And be it further enacted, That whenever the District Judge of any 
one of the District Courts of the United States for California is interested in any 
land, the claim to which, under the said act of March third, eighteen hundred and 
fifty-one, is pending before him, on appeal from the Board of Commissioners crea- 
ted by said act, the said District Court shall order a case to be transfered to the 
Circuit Court of the United States for California, which Court shall thereupon 
take jurisdiction and determine the same. The said District Courts may also or- 
der a transfer to the said Circuit Court of any other cases arising under said act, 
pending before them, affecting the title to lands within tne corporate limits of any 
city or town, and in such cases both the District and Circuit Judges may sit. 

Sec. 5. And be it further enacted, That all the right and title of the United 
States to the lands within the corporate limits of the City of San Francisco, as 
defined in the act incorporating said city, passed by the legislature of the State of 
California, on the fifteenth of April, one thousand eight hundred and fifty-one, are 
hereby relinquished and granted to the said city and its successors, for the uses and 
aprposes specified in the ordinances of said city, ratified by an act of the legisla- 
ture of the said State, approved on the eleventh of March, eighteen hundred and 
fifty-eight, entitled "An Act concerning the City of San Francisco, and to ratify 
and confirm certain ordinances of the common council of the city," there being 
excepted from this relinquishment and grant all sites or other parcels of lands 
which have been, or now are, occupied by the United States for military, naval, or 
other public uses, or such other sites or parcels as may hereafter be designated by 
the President of the United States, within one year after the rendition to the Gen- 
eral Land Office, by the Surveyor General, of an approval plat of the exterior 
limits of San Francisco, as recognized in this section, in connection with the lines 
of the public surveys : and provided, That the relinquishment and grant by this 
act shall in no manner interfere with or prejudice any bona fide claims of others, 
whether asserted adversely under rights derived from Spain, Mexico, or the laws 
of the United States, nor preclude a judicial examination and adjustment thereof. 

Sec. 6. And be it further enacted, That it shall be the duty of the Surveyor 
General of California to cause all the private land claims finaly confirmed to be 
made, whenever requested by the claimants : provided that each claimant requesting 
a survey and plat shall first deposit in the District Court of the district within 
which the land is situated a sufficient sum of money to pay the expenses of such 
survey and plat, and of the publication required by the first section of this act. 
Whenever the survey and plat requested shall have been completed and forwarded 
to the Commissioner of the General Land Office, as required by this act, the Dis- 
trict Court may direct the application of the money deposited, or so much thereof 
as may be necessary, to the payment of the expenses of said survey and publi- 
cation. 

Sec. 7. And be it further enacted, That it shall be the duty of the Surveyor 
General of California, in making surveys of the private land claims finally con- 
firmed, to follow the decree of confirmation as closely as practicable whenever 

18* 



258 ADDENDA, NO. CXXXI. 

such decree designates the specific boundaries of the claim. But when such decree 
designates only the out-boundaries within which the quantity confirmed is to be 
taken, the location of such quantity shall be made, as near as practicable, in one 
tract and in a compact form. And if the character of the land, or intervening 
grants, be such as to render the location impracticable in one tract, then each sepa- 
rate location shall be made, as near as practicable in a compact form. And it 
shall be the duty of the Commissioner of the General Land Office to require a 
substantial compliance with the directions of this section before approving any 
survey and plat forwarded to him. 

Sec. 8. And be it further enacted, That the act entitled "An act to amend an 
act entitled 'An act to define and regulate the jurisdiction of the Disirict Courts 
of the United States in California, in regard to the survey and location of con- 
firmed private land claims/ " approved June fourteen, eighteen hundred and sixty, 
and all provisions of law inconsistant with this act, are hereby repealed. 

Approved, July 1, 1864. 



No. CXXXI. 

GOVERNMENT RESERVES 

LAID OUT AT RINCON POINT, AND FROM THE BEACH AND 
WATER LOTS GRANTED TO THE TOWN OF SAN FRAN* 
CISCO, BY GEN. S. W. KEARNY, MILITARY GOVERNOR OF 
CALIFORNIA, AS SET FORTH, ANTE, ADDENDA NO. LXXIL 

p. 104 * 

No. I. 

[Colonel Mason, Military Governor of California, by Lieutentant (now Major Gen 
eral) W. T. Sherman, to Major James A. Hardie, U. S. A., commanding at 
San Francisco, June 23d, 1847. 

Head Quarters 10th Military Department, ) 

Monterey, Cal., June 23d, 1847. ) 

Sir : Colonel Mason has not yet officially learned that any selections have 

been made of lots in the town of San Francisco, known as the Beach and Water 

Lots, granted to the said town for sale, excepting such as should be selected for 

the use of the General Government, by the Senior Officer of the Army and Navy. 



* These "GOVERNMENT RESERVES " are wholly different from the "GOVERN- 
MENT RESERVATIONS" referred to in the preceding Addenda No. CXII, page 
221. Why one class of lands retained by the superior authority for future use or disposi- 
tion, should be called "Reserves," and another class denominated "Reservations," it is 
difficult to conceive; but it is in fact convenient in use that " Reserves " are known at once 
to point to Kearny's grant for their origin, while the " Reservations" claim their validity 
from the act of the President, 



ADDENDA, NO. CXXXI. 259 

The time of sale, under the decree of General Kearny, of March 10th, 1847, 
renders it necessary that the selection be made soon, and Colonel Mason wishes 
you to consult with Commander Biddle, or other senior naval officers that may be 
on the station, and to select in accordance with the terms of the grant, if it has not 
already been done, the lots best suited for wharves, both for army and navy pur- 
poses, with space enough for all the buildings that it may become necessary to erect 
hereafter. 

A suitable lot should also be selected for a Custom House, with the storehouses 
thgt it may require. 

Colonel Mason wishes these selections to be made, so far as the army is con- 
cerned, and officially communicated to the Alcalde of the town, before the day of 
sale. 

I have the honor to be your most ob't serv't, 

(Signed) W. T. SHEEMAN, 

1st Lt. 3d Arty, A. A. A. Gen'l. 
Major James A. Hardie, com'd in San Francisco. 

A true copy. 

E. D. TOWNSENI*, 

Ass't adj't Gen'l, Head Qrs. Dept. of the Pacific, 
San Francisco, December 9th, 1853. 



No. II. 
[Major James A. Hardie, U. S. A., commanding at San Francisco, to Alcalde of 
San Francisco, July 18th, 1847.] 
Head Quarters War, Mil, Dep'tm't, 

San Francisco, California, July 18th, 1847. 
Sir : In obedience to orders from His Excellency, the Governor, Col. R. B. 
Mason, I have the honor to inform you that I have selected for the use of the Gov- 
ernment the following lands in the town of San Francisco : All the portion of 
Rincon Point not divided off into lots, and marked " Government Reserve," upon 
a map entitled, "Map of the Reach and Water Lots of San Francisco, a.d. 1847," 
now in the Alcalde's Office, of San Francisco. On the map referred to, and 
now remaining of record in the office of the Surveyor of the City and County of 
San Francisco, all that portion of Rincon Point lying east of Beale Street,, and 
south of Folsom Street, and bounded by the tide waters of the Bay of San Fran- 
cisco, is laid out and marked as "Government Reserve," and is not laid out 
or divided into lots ; also, all the Beach and Water Lots, bounded by streets enti- 
tled Montgomery, Washington, and Jackson streets, on a map entitled " Map of 
San Francisco," now in the Alcalde's office, and the Bay, running out to deep 
water, and marked on the aforesaid Map of Beach and Water Lots, "Government 
Reserve ; " and also all the Beach - and Water Lots bounded by streets entitled 
Sansome, Broadway, and Pacific streets, on the aforesaid Map of San Francisco, 
and the Bay, running out to deep water, and marked " Government Reserve," on 
the aforesaid Map of the Beach and Water Lots of the Town of San Francisco- 
I am, Sir, very respectfully, 
Your ob't serv't, 
(Signed) JAS. A. HARDIE, 

Major 1st N. Y. Regt. Vols. 
To Alcalde of the Town of San Francisco, Cala. 



260 ADDENDA, NO. CXXXI. 

I certify that the foregoing is a true copy of the original paper, now in my pos- 
session. 

(Signed) E. D. Sawyer, 

Capt. 3d Arty. 
Presidio of San Francisco, July 10th, 1852. 



No. III. 

[The Military Governor of California (General Bennett Riley) disapproves of a pro- 
posed lease of some of the " G 'over nment Reserves" to Steinberger, and returns 
the same icith instructions as to future leases. Nov. 16th, 1849.] 

Head Quarters 10th Mil'y Dept., ) 
Monterey, Cal., November 16th, 1849. ) 

Captain : After consultation yesterday with the Collector for the District of 
California, the Commanding General was satisfied that the lot reserved in your 
lease with Mr. Steiuberger will be entirely insufficient for Custom House purposes 
at San Francisco ;* he has accordingly directed the transfer to the Treasury De- 
partment of so much of the reservation at that place as may be required for these 
purposes. In conversation with Mr. Collier a lot double the size (or two hundred 
feet square) of that reserved in the lease was deemed the least that would be suffi- 
cient for the Custom House at San Francisco, and you are desired to call upon the 
Collector, and accompany him wherever he thinks proper to make the selection. 
After this selection is made you are directed to lease the remainder of the Govern- 
ment Reservations, at San Francisco, to a responsible individual or individuals, 
upon the conditions expressed in the enclosed paper. 

You will see by these conditions that the length of the lease was deemed objec- 
tionable, as was also the amounts for which the land was leased. This last con- 
sideration, however, is of subordinate importance to that of leasing the land to 
individuals who are perfectly responsible, and act in good faith towards the United 
States ; but it will be proper to obtain as great a consideration as may be consist- 
ent with the fulfilment of the conditions above referred to. 

The lease of Mr. Steinberger is returned herewith. 
Very respectfully, Captain, 

Your obed't servant, 

(Signed) ED. M. CANBY, 

Asst. Adjt. Genl. 

To Captain E. D. Keyes, commanding Presidio of San Francisco. 

JNote. — Applications have been made at different times for the lease of the Government 
.Reservations by individuals or companies, in San Francisco. They have been heretofore 
.informed that it was not the intention of the Commanding General to lease any particular 
portion of them until the action of the Government at home, in relation thereto, was made 
known. 

So far as is now recollected these applications were from Messrs. Wright & Co., De Witt 
& Harrison, Mr. Shillaber, and the General thinks it proper that his instructions to lease 
these lands should be made known to those persons, and offers from them and from other 
individuals invited. He entertains no doubt that these lands may be leased upon the condi- 
tions prescribed in the within paper, for at least four hundred or five hundred dollars per 
annum. 

Very respectfully, 

(Signed) ED. M. CANBY, 

Asst. Adjt. Genl. 



ADDENDA, NO. CXXXI. 261 



I certify the above and foregoing to be a true copy. 

W. W. Mackall, 

A. A. Genl. 



No. IV. 



[Accompanying preceding Letter.] 

Conditions for the Government of Capt..E. D. Keyes, 3d Artillery, 

IN LEASING THE GOVERNMENT RESERVATIONS, AT SAN FRANCISCO. 

1st. The indenture to be made in the name of the United States, by its agent, 
the consideration to be paid to him or his successor. 

2d. The lease will terminate definitely at the expiration of five (5) years. 

3d. The United States reserves the right to terminate the lease at any time after 
the expiration of two (2) years by giving to the lessee, or lessees, one (1) year's 
notice. 

4th. The United States reserves the right to re-occupy, for Government pur- 
poses, any unoccupied portion of the lands so leased, by giving to the lessee, or 
lessees, six (6) months' notice. In which case a proportional diminution may be 
made in the amount of the rent. This diminution to be fixed by appraisers ap- 
pointed in a manner to be specified in the contract. 

5th. The acquisition and surrender to the United States, by the lessee, of all 
titles and claims to said lands, held by other individuals, unless it should be decid- 
ed by the proper tribunals that they are bona fide and valid v 

6th. The payment by the lessee, or lessess, of all taxes and assessments. 

7th. The lessee, or lessees, engage honestly and faithfully to defend the title of 
the United States to all lands embraced in the indenture. 

8th. In default of the payment, within any one year, of the stipulated rent, the 
rents of the lessee to cease, and the whole of the lands included in the indenture to 
be surrendered to the United States. 

9th. The lessee to have the right to remove, within three (3) months after the 
expiration of his lease, all his buildings, etc. 

10th. The Government shall have the right to purchase of the lessee, at the ex- 
piration of his lease, any of his buildings, at a fair valuation, to be fixed by ap- 
praisers appointed in a manner to be prescribed by the lease. 

11th. No allowance to be made by the Government for any excavations or em- 
bankments, or other improvements put upon the premises. 

12th. The lessee to stipulate that no person or persons whatsoever shall be 
allowed to participate in the use or profits of the said premises, who do not fully, 
and without reservation or predisposition of his claim, subscribe to all the condi- 
tions and exceptions of this lease. 

By order of Genl. Riley. 



No. V. 

[Leases made by Captain E. D. Keyes, U. S. A., on behalf of the United States, under 
the preceding instructions.] 

1st. A lease to John B. Steinberger, dated November 27th, 1849, for ten years 
from date, under certain conditions therein expressed, of all those lots, parcels, and 



262 ADDENDA, NO. CXXXI. 

blocks of ground, in the said town of San Francisco, known and indicated on the 
map of said town as Government Reserve, "which are embraced between Broad 
Street, on the north, Pacific Street, on the south, and on the east by the limits of 
the town on the side of the water :" acknowledged before John W. Geary, First 
Alcalde, November 28th, 1849, and of record in the Recorder's Office of the City 
and County of San Francisco, in Book 1, of Leases, at page 302. 

2d. A lease to Theodore Shillaber, dated November 28th, 1849, for ten 
years from date, under certain conditions therein expressed, of " all the lots, par- 
cels, and blocks of ground, in the town of San Francisco, Upper California, which 
have hitherto been set apart, indicated, or known as ' Government Reserve/ and 
which are embraced, first, by Montgomery Street, on the west, Jackson Street, on 
the north, Washington Street, on the south, and the limits of the town, or deep 
water, on the east : and second, by what is commonly known and indicated on the 
map of said town as ' Rincon Point f the second piece or parcel of land embracing 
all that has heretofore been set apart as Government Reserve, on ' Rincon Point/ 
and its immediate neighborhood :" acknowledged before John W. Geary, Novem- 
ber 29th, 1849 ; approved by Governor Riley, December 20th, 1849 ; recorded in 
Alcalde's Office, in Book K, at page 10, December 28th, 1849, and approved (no 
date of approval) by Alex. H. H. Stuart, Secretary of the Interior. 



No. VI. 

ON DECEMBER 10TH, 1852, THE COMMON COUNCIL OF THE CITY 
OF SAW FRANCISCO PASSED THE FOLLOWING ORDINANCE: 

ORDINANCE NO. 280. 
For conveying certain Lots to the Government of the United States. 
The People of the City of San Francisco, do ordain as follows : 

That his Honor the Mayor be directed to convey, on their behalf, all their right, 
title, and interest to certain six fifty vara lots, bounded and described as follows : 
On the east by Spear Street, on the south by Harrison Street, on the west by 
Front Street, and north by the beach, the whole comprehended within an area of 
one hundred varas by one hundred and fifty varas. 
J. P. HAVEN, 

President Board of Aldermen. 
JAS. DeLONG, 

President of the Board of Assistant Aldermen. 
San Francisco, December 10th, 1852. 

Approved. C. J. BRENHAM, Mayor. 

Mayor's Office, December 9th, 1852. 
I hereby certify the foregoing to be a true copy of an original Ordinance now 
on file in this office. 

Daniel S. Roberts, Clerk. 

And in pursuance of the preceding Ordinance, the Hon. Chas. J. Brenham, 
Mayor of the City of San Francisco, afterwards executed and delivered to the 
United States the following deed of conveyance : 



ADDENDA, NO. CXXXI. 263 



City of San Francisco, 

By C. J. Brenham, Mayor, 
to 
United States of America. 

Whereas, by Ordinance No. 280, of the Common Council of the City of San 
Francisco, it was ordained as follows ; " The People of the City of San Francisco 
do ordain as follows — That his Honor the Mayor be directed to convey on their 
behalf to the United States all their right, title, and interest in and to certain six 
fifty-vara lots bounded and described as follows : On the east by Spear Street, on 
the south by Harrison Street, on the west by Front Street, and on the north by 
the beach, the whole comprehended within an area of one hundred varas by one 
hundred and fifty varas." 

Now, therefore, this deed made and entered into this eleventh day of December, 
eighteen hundred and fifty-two, by and between the City of San Francisco by 
Charles J. Brenham the Mayor thereof, party of the first part, and the United 
States of America, party of the second part — 

Witnesseth, that for and in consideration of the premises and of the sum of one 
dollar to the party of the first part in hand paid by the party of the second part, 
the receipt of which is hereby acknowledged, the said party of the first part doth 
by these presents grant, convey, and quitclaim unto the said party of the second 
part, all the right, title, interest, claim, and demand, legal or equitable, in posses- 
sion, remainder or reversion, of the said party of the first part in and to the prem- 
ises aforesaid, and every part thereof, which premises are situated and being within 
the corporate limits of said city, and are bounded and described as set forth in 
said Ordinance. 

To have and to hold the said premises with all the privileges and appurtenances 
thereunto belonging unto the said party of the second part forever. 

In witness whereof, the said Charles J. Brenham, Mayor of said City, on behalf 
of said city, hath hereunto set his hand and caused the Official Seal of said city to 
be hereunto affixed the day and year aforesaid. 

[l.s.] C. J. BRENHAM, Mayor. 



I hereby certify that the copy of Ordinance No. 280 included within the fore- 
going deed, is a true copy of an original Ordinance returned by the Mayor to the 
Common Council, with his approval, December 10th, 1852. 
San Francisco, Dec. 13th, 1852. 

EDWARD TOBY, 

Clerk of the Common Council. 



State of California, ) 

County of San Francisco, J ss# 

On this fourteenth day of December, 1852, personally appeared before me, 

Fred'k A. Sawyer, a Notary Public for said county, Charles J. Brenham, Mayor 

of the City of San Francisco, and Edward Toby, Clerk of the Common Council 

of said City, to me known to be the individuals described in and who executed the 

§ several instruments above to which their names are subscribed, and acknowledged 



264 ADDENDA, NO. CXXXI. 

to me that they executed the same freely and voluntarily and for the purposes 
therein mentioned. 

In testimony whereof, I have hereunto set my hand and seal of office the day 
and year last above written. 

[l.s.] F. A. SAWYER, Notary Public. 

The above is a true copy of the original, recorded at the request of T. B. King, 
December 14th, 1852, 12 o'clock, m. 

THOS. B. RUSSUM, County Recorder. 

In Hubbard vs. Sullivan, case No. 7,953, in the Twelfth District Court, in and 
for the City and County of San Francisco, and afterwards appealed to the Supreme 
Court and reported in 18 Cal. Rep. 508, it was held that the preceding instrument 
was effectual as a license from the -City of San Francisco to enter upon and hold 
the lands described in and purporting to be conveyed by it. Whether it was oper- 
ative as a conveyance, or whether the Van Ness Ordinance operated in favor of 
the United States, was not decided ; nor do any objections appear to have been 
made to the substantive form of the instrument, or to its mode of execution. 

FINAL NOTE.— In two ejectment suits, of Rogers vs. Hentsch et al., brought for the 
recovery of the two fifty- vara lots respectively situated on the south-west and north-west 
corners of Jackson and Montgomery streets, in the City of San Francisco, and tried in the 
United States Circuit Court for the Northern District of California, before Mr. Justice Field, 
in 1864, Jasper O'Farrell, a witness for defendants, testified that he was Official Surveyor 
for the Pueblo of San Francisoo, in 1847 ; that he prepared an official map of the Beach and 
Water Lots of San Francisco, for the town sale of the same had under Kearny's Grant, be- 
ing the map so designated, bearing his official attestation, and produced from the office of 
the Surveyor of the City and County of San Francisco, where it now remains of record, 
and that the line of ordinary high- water mark, being the wavy line laid down on that map, 
was established by him after repeated and careful observations of the ordinary tides. 
There is muoh other testimony in these cases on the subject of " ordinary high- water 
mark," which is interesting and curious, particularly as to the effect of a concurrence of a 
spring tide with a south-easter; and this testimony of Mr. O'Farrell must always be con- 
sidered as admissible and decisive on the point of " ordinary high- water mark." See Nor- 
ton vs. Folger, 15 Cal. 275, etc. 

The above documents and leases, respecting the " Government Reserves," will be found 
in full, together with much valuable testimony in reference to them, in the cases of The 
People, ex rel. Burr, vs. Dana et al., No. 6,070, and of Blanc vs. Bowman. No. 6,408, in the 
Fourth District Court, County of San Francisco, State of California. They are reported in 
22 California Reports, at pages 11 and 22 respectively ; but the reports there given do net 
oontain much of the testimony introduced in the Court below. 



ADDENDA, NO. CXXXII. 265 



NO. CXXXII. 

AN ACT TO PROVIDE FOR THE DISPOSITION OF CERTAIN 
PROPERTY OF THE STATE OF CALIFORNIA, PASSED 
MARCH 26, 1851, (LAWS 1851, CH. 41, PAGE 307) COMMONLY 
CALLED 

THE FIRST WATER-LOT BILL. 

An Act to provide for the Disposition of certain Property of the State of California. 
Passed March 26th, 1851. 

The People of the State of California, represented in Senate and Assembly, do enact as 

follows : 

§ 1 . All the lots of land situated within the following boundaries, according to 
the survey of the City of San Francisco, and the map or plat of the same now on 
record in the office of Recorder of the County of San Francisco, are known 
and designated in this Act as the San Francisco Beach and Water-Lots ; that is 
to say, beginning at the point where the eastern line of Simmons Street intersects 
the southern boundary line of the city ; thence northerly on the eastern line of 
Simmons Street, to the southern line of South Street; thence easterly on the 
southern line of South Street to a point three hundred and seventy-five feet east- 
erly from Simmons Street ; thence at right angles to South Street, northerly to 
the eastern line of Hubbel Street ; thence easterly on the line of Hubbel Street, 
two hundred and seventy-five feet; thence northerly at right angles to Hubbel 
Street, to the southern side of Hooper Street ; thence easterly on the southern 
line of Hooper Street, to the eastern line of Fifth Street ; thence northerly on the 
eastern line of Fifth Street, to the southern line of Channel Street ; thence east- 
erly on the southern line of Channel Street to the eastern line of Third Street ; 
thence northerly on the eastern line of Third Street, to the southern line of Berry 
Street ; thence easterly on the southern line of Berry Street, to the eastern line of 
Second Street ; thence northerly on the eastern line of Second Street, to the south- 
ern line of King Street ; thence easterly on the southern line of King Street 
three hundred and seventy-five feet; thence northerly at right angles to King 
Street, to the southern line of Townsend Street ; thence easterly on the southern 
line of Townsend Street, to the eastern line of First Street ; thence northerly on 
the eastern line of First Street, to the southern line of Brannan Street ; thence 
easterly on the southern line of Brannan Street, to the eastern line of Beal Street ; 
thence northerly on the eastern line of Beal Street to the southern line of Bryant 
street ; thence easterly on the southern line of Bryant Street, to the eastern line 
of Spear Street ; thence northerly on the eastern line of Spear Street, to a point 
within one hundred and thirty-seven and one-half feet of the southern side of 
Harrison Street ; thence easterly at right angles to Harrison Street, to the eastern 
side of Stuart Street ; thence northerly on the eastern line of Stuart Street, to the 
southern line of Folsom Street ; thence easterly on the southern line of Folsom 
Street, to the eastern line of East Street ; thence northerly on the eastern line of 
East Street, to its point of intersection with the northern side of Jackson Street j 



266 ADDENDA, NO. CXXXII. 

thence northerly at right angles with the northern side of Jackson Street, to the 
northern line of Pacific Street ; thence westerly along the northern side of Pacific 
Street, to the eastern line of Davis Street ; thence northerly along the eastern line 
of Davis Street, to the northern line of Vallejo Street ; thence westerly along the 
northern line of Vallejo Street, to the eastern line of Front Street ; thence north- 
erly on the eastern line of Front Street, to the northern line of Greenwich Street ; 
thence easterly on the northern line of Greenwich Street, to the eastern line of 
Battery Street ; thence northerly on the eastern side of Battery Street, to the north- 
ern line of Lombard Street ; thence westerly on the northern line of Lombard 
Street, to the eastern line of Sansome Street ; thence northerly on the eastern line 
of Sansome Street, to the northern line of Chestnut Street; thence westerly on the 
northern line of Chestnut Street, to the eastern line of Montgomery Street; thence 
northerly on the eastern line of Montgomery Street, to the northern line of Fran- 
cisco Street ; thence westerly on the northern line of Francisco Street, to the east- 
ern line of Kearny Street ; thence northerly on the eastern line of Kearny Street, 
to the northern line of North Point Street ; thence westerly on the northern line 
of North Point Street, to the east line of Dupont Street ; thence northerly on the 
eastern line of Dupont Street, to the northern line of Beach Street ; thence west- 
erly on the northern line of Beach Street, to the eastern line of Powell Street ; 
thence northerly on the eastern line of Powell Street, to the northern line of Jef- 
ferson Street ; thence westerly on the northern line of Jefferson Street, to the 
western line of Larkin Street ; thence following the line of ship's channel to the 
western boundary line of said city ; thence southerly along the western boundary 
line of said city, to the natural high-water mark ; thence along the line of the said 
high-water mark, to its point of intersection with the southern boundary line of said 
city ; thence easterly along the southern boundary line of said city, to its point 
of intersection with the eastern line of Simmons Street, being the place of begin- 
ning. 

§ 2. The use and occupation of all the land described in the first section of 
this act is hereby granted to the City of San Francisco, for the term of ninety-nine 
years from the date of this Act ; except as hereinafter provided, all the lands men- 
tioned in the first section of this act, which have been sold by authority of the 
Ayuntamiento, or town, or City Council, or by any Alcalde of the said town or 
city, at public auction in accordance with the terms of the grant known as Kearny's 
grant to the City of San Francisco ; or which have been sold or granted by 
any Alcalde of the said City of San Francisco, and confirmed by the Ayun- 
tamiento, or town, or city Council thereof, and also registered or recorded in 
some book of record now in the office, or custody, or control, of the Recorder of 
the Court of San Francisco, on or before the third day of April, a.d. one thousand 
eight hundred and fifty, shall be and the same are hereby granted and confirmed 
to the purchaser or purchasers or grantees aforesaid, by the State relinquishing 
the use and occupation of the same and her interests therein to the said purchasers 
or grantees and each of them, their heirs and assigns, or any person or persons 
holding under them, for the term of ninety-nine years from and after the passage 
of this Act : Provided, that the City of San Francisco shall pay into the State 
Treasury twenty-five per cent, of all moneys hereafter arising in any way from 
the sale or other disposition of the property described in the first section of this 
Act ; the same to be paid within twenty days after its receipt by said city. The 
property known as the Government Reservation is exempt from the operation of 



ADDENDA, NO. CXXXIII. 267 

this Act ; except that any estate held by virtue of any lease or leases, executed or 
confirmed by any officer of the United States on behalf of the same, shall be and 
the same are hereby granted and confirmed to the lessees thereof, and the written 
instrument whereby such lease or leases was made shall, in all actions brought by 
the lessees for the recovery of the lands so demised, be sufficient evidence of title 
and possession to enable the plaintiff to recover. 

§ 3. That the original deed, or other written or printed instruments of convey- 
ance, by which any of the lands mentioned in the first section of this Act were con- 
veyed or granted by such Common Council, Ayuntamiento, or Alcalde ; and in 
case of its loss, or not being within the control of the party, then a record copy 
thereof or a record copy of the material portion thereof, properly authenticated, 
may be read in evidence in any Court of Justice in this State, upon the trial of 
any cause in which the contents of the same may be important to be proved, and 
shall be prima facie evidence of title and possession, to enable the plaintiff to 
recover the possession of the land so granted. 

§ 4. That the boundary line described in section first of this Act, shall be and 
remain a permanent water front of said city ; the authorities of which shall keep 
clear and free from all obstructions whatsoever the space beyond said line, to the 
distance of five hundred yards therefrom. 

§ 5. The City of San Francisco shall, within thirty days after the passage of 
this Act, deposit in the office of the Secretary of State of California, and in the 
office of the Surveyor General of this State, and in the office of the Surveyor of 
the City of San Francisco, a correct map of said boundary line mentioned in sec- 
tion one of this Act, distinctly and properly delineated by a red line ; said maps to 
be duly certified to by the Mayor and Surveyor of said city, and under the official 
seal of said city. 

§ 6. Nothing in this Act shall be construed as a surrender by the State of its 
right to regulate the construction of Wharves or other improvements, so that they 
shall not interfere with the shipping and commercial interests of the Bay and Har- 
bor of San Francisco. 



NO. CXXXIII. 

AN ACT IN EELATION TO THE CITY OF SAN FRANCISCO, PASSED 
MAY 1st, 1851, (LAWS 1851, CH. 44, p. 311) COMMONLY CALLED 

THE SECOND WATER LOT BILL. 

An Act in relation to the City of San Francisco. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The City of San Francisco is hereby authorized and empowered 
to construct wharves at the end of all the streets, commencing with the Bay of 
San Francisco, the wharves to be made by the extension of said streets into the 
Bay, in their present direction, not exceeding two hundred yards beyond the present 



268 ADDENDA, NO. CXXXIV. 

outside line of the beach and water lots, and the City is authorized to prescribe the 
rates of wharfage that shall be collected on said wharves when constructed. The 
space between said wharves, when they are extended, which is situated outside of the 
outer line of beach and water lot property, as defined by the Legislature, shall 
remain free from obstructions, and be used as public slips for the accommodation 
and benefit of the general commerce of the City and State. 

Sec. 2. The right of the State to the Beach and Water Lot Property in the 
City of San Francisco is hereby relinquished to said City : Provided, always, that 
the relinquishment to the City is made upon the express conditions that said City 
shall confirm the titles to all lots which have been granted by any Justice of the 
Peace ; which lots are situated on that part of the Kearny grant which is within 
the following boundaries, to wit : bounded on the north by Vallejo Street, on the 
south by Harrison Street, on the east by the easterly boundary of said beach and 
water lots as defined by the Legislature, and on the westerly side by Front and 
Fremont Streets ; said grants shall be, and the same are hereby confirmed and made 
evidence of title in all Courts of this State, and holders under them shall have 
possession of said property so granted : Provided, always, that this Act shall not 
be construed as confirming grants to the property known as the Public Slip, 
bounded by Davis, Clay, and Sacramento streets, nor to any property the title 
or lease to which has been confirmed to individuals by any former Act of the Leg- 
islature; and said grant must have been recorded in the Recorder's office prior to 
the first day of February, one thousand eight hundred and fifty-one. 

[REPEALED, Laws 1853, Chap. XXIV, p. 36.] 



NO. CXXXIV. 

ACT OF THE LEGISLATURE OF CALIFORNIA PASSED MAY 1st, 

1851, TO CONFIRM A CONTRACT FOR BUILDING PACIFIC 

STREET WHARF, BETWEEN THE COMMISSIONERS OF THE 

FUNDED DEBT AND M. R. ROBERTS AND JOSEPH R. WEST. 

[Laws 1851, Chap. 40, page 313.] 

An Act to confirm certain Contracts of the Commissioners of the 
Sinking Fund of the City of San Francisco for the Building 
of Broadway and Pacific Street Wharves, Passed May 1st, 1851. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

§ 1. The contracts severally entered into on the thirteenth day of February, 
Anno Domini eighteen hundred and fifty-one, between the Commissioners of the 
Sinking Fund of the City of San Francisco and Francis Salmon, for the cons- 
truction of a wharf at the foot of Broadway, and between said Commissioners 
and M. R. Roberts and Joseph R. West, for the building of a wharf at the foot of 
Pacific Street, are hereby ratified and confirmed. 

§ 2. No lien or claim or judgment upon the wharves specified in the first sec- 
tion of this act shall be invalidated or affected in any manner by the passage of 
this Act. Nothing in this Act shall allow the said wharves to be constructed 
beyond the line of East Street. 



ADDENDA, NOS. CXXXV, CXXXVI. 269 



NO. CXXXY. 

ACT OF THE LEGISLATURE OF CALIFORNIA, PASSED APR. 28th, 
1851, TO CONFIRM A CONTRACT FOR BUILDING MARKET 
STREET WHARF AND CALIFORNIA STREET WHARF, BE- 
TWEEN THE COMMISSIONERS OF THE FUNDED DEBT, H. A. 
BREED, AND WILLIAM E. DENNIS. 

[Laws 1851, Chap. 52, page 815.] 

An Act to Ratify and Conform a Contract entered into on thf 
twenty-eighth day of march, a.d. eighteen hundred and flfty- 
one, between the commisioners of the sinking fund of the 
City of San Francisco and Henry A. Breed and William E. 
Dennis, for the Construction of Market Street Wharf, and 
California Street Wharf, Passed April 28th, 1851. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 
§ 1 . That a contract entered into on the twenty-eighth day of March, eighteen 
hundred and fifty-one, by the Commissioners of the Sinking Fund for the City of 
San Francisco, of the one part, and Henry A. Breed and William E. Dennis, in 
relation to the construction of Market Street Wharf be, and the same is hereby 
ratified and confirmed in all its provisions. 



No. CXXXYI. 

FIRST ACT FOR SALE OF STATE'S INTEREST IN SAN FRANCISCO 
WATER FRONT OF MAY 18th, 1853. 

An Act to provide for the Sale of the Interest of the State of Cali- 
fornia in the Property within the Water-Line Front of the 
City of San Francisco, as defined in and by the act entitled 
"An Act to provide for the Disposition of certain Property of 
thb State of California," passed March twenty-sixth, one thou- 
sand EIGHT HUNDRED AND FIFTY-ONE. 

[Laws of 1853, Chap. CLX, page 219.] 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 
Section 1. The Governor of the State shall, by and with the advice and con- 
sent of the Senate, appoint five persons as Commissioners, who shall hold their 
offices for two years, and shall have the charge and disposition of the property, 
and interests of property of the State of California, in the City of San Francisco, 
situated within the water-line front as mentioned and described in section five of 
this act. 



270 ADDENDA, NO. CXXXVI. 

Sec. 2. Each of the said Commissioners shall, within ten days after his ap- 
pointment and confirmation by the Senate, take the oath of office, as prescribed 
by law, before a Judge of the Supreme Court or any District Court, and shall 
further take the following oath or affirmation : " I, A B, solemnly swear [or affirm] 
that I am not interested directly or indirectly, by or for myself or any other, in 
any property or interests of property, of the State of California, within the limits 
of the City of San Francisco, nor in any property sold, or to be sold under or by 
virtue of the act under which I am appointed, nor in any property or advantages 
(except my official salary as fixed by law) to result from the administration of 
my office, or the office of my associate Commissioners, and lhat I will not be so 
interested during my term of office." Said oath shall be indorsed in writing upon 
a copy of the commission of each Commissioner, and such copy and oath shall be 
filed in the office of the Secretary of State. A violation of the above oath in any 
of its parts, or any other violation of duty in office, shall be a felony, for which 
the person offending shall be punished by fine, not less than five thousand dollars 
nor more than fifty thousand dollars, and by imprisonment in the State Prison not 
less than six months nor more than three years. Upon probable cause the Gov- 
ernor may remove any Commissioner and fill the vacancy, as in other cases 
according to law. 

Sec. 3. The said Commissioners shall, within five days after having been 
sworn in, organize as a Board, by choosing a President from among their own 
number, and a Secretary. The duties of the President, besides those herein im- 
posed, shall be such as may be prescribed for him by the Board, not inconsistent 
with this act. The Secretary shall keep distinct and proper minutes of the pro- 
ceedings of the Board, and shall record the names of every Commissioner present 
at each meeting, and voting on each resolution, act, or proceeding, and whether 
he voted in the affirmative or negative. Every such vote shall be taken viva voce, 
and by ayes and nays. He shall perform such other services as are provided by 
this act, and as may be prescribed for him by the Board in accordance therewith- 
His minutes and record shall be open to public inspection during business hours, 
and the proceedings of said Board at each meeting shall be published in one of the 
city papers. 

Sec. 4. The meetings of the Board shall be public, and shall be held in the 
City of San Prancisco, and at least as often as once a month. The Board shall 
have power to rent an office, at an expense not to exceed one hundred dollars per 
month. 

Sec. 5. The said Commissioners, after their appointment and confirmation, 
shall as speedily as possible, and they are hereby empowered to enter upon and 
take possession of all the property and interests of property of whatever descrip- 
tion, of the State of California, within the line fixed by an act entitled "An Act to 
provide for the Disposition of certain Property of the State of California," passed 
March twenty-sixth, one thousand eight hundred and fifty-one, and defining the 
present water front of the City of San Prancisco, and to dispose of the same in 
the manner and for the purposes in this act provided, and they are hereby author- 
ized in and by the name of The People of the State of California, to bring and 
maintain all suits and proceedings at law in any Court of this State or of the 
United States, and to do any other act, or exercise any other power necessary to 
carry out the provisions of this act. 

Sec. 6. Every act of the Board of Commissioners for the disposition of the 
property, or interests of property of the State as herein provided, or directing the 



ADDENDA, NO. CXXXVI. 271 

manner of its disposition, shall require the vote of at least three of the Commis- 
sioners; and every conveyance or agreement for a conveyance, executed by the 
Board, shall have the signatures and seals of three of the Commissioners, including 
the President. 

Sec. 7. The Commissioners shall first ascertain the extent, nature, and char- 
acter, of all the property and interests of property of the State of California, 
situated within the line in section five of this act referred to ; and as soon as possi- 
ble thereafter, they shall proceed to sell at public auction, in the City of San 
Francisco, all the right, title, and interest of the State of California, of, in, and to, 
all the said property or interests of property. Such sale shall be made by lots, as 
the same are now laid out on the official map of said city, and where none such 
are so laid out, then in such lots as may be laid out by the Board in conformity 
with the said official map. But no open slip authorized by law to be kept open as 
a slip shall be sold, but the same shall remain open for the purpose of commerce 
until otherwise ordered by law. The terms of such sale shall be as follows : 
cash, or the civil bonds of the State of California, or the civil warrants of the 
Comptroller of State on the Treasury. Ten per cent, to be paid on the day of 
sale, twenty-five per cent, in ten days thereafter, and the remaining sixty-five per 
cent, in three months; in default whereof, the property shall be resold at the 
expense and on the account of the purchaser. The acts of sale at the purchaser's 
expense. At least thirty days' notice of all sales shall be given in three daily 
newspapers in the City of San Francisco, of which the newspaper known as the 
"Times and Transcript" shall be one; in the newspaper known as the "Demo- 
cratic State Journal," in the City of Sacramento, and in the newspaper known 
as the "San Joaquin Republican," in the City of Stockton. Such notices shall 
specify the property to be sold, by its numbers, and locality as to streets on the 
city map, and by such other description as shall be sufficient to fully inform 
purchasers, and also the time, place, and conditions of sale. In closing each 
bid the auctioneer shall allow a sufficient time to give notice after having de- 
clared the same, and then if an advance of twenty-five dollars or more shall be 
bid, the bidding shall be renewed until finally closed. The compensation of the 
auctioneer shall not exceed one-half of one per cent, on the gross sales, to be paid 
by the purchaser : provided, that nothing in this act contained shall affect any 
lands legally appropriated for the use of wharves in the said city, prior to the 
passage of this act, where the contracts under which said wharves were built have 
been heretofore ratified or confirmed by a statute of the State : and, provided, also, 
that nothing in this act contained shall authorize or empower the Commissioners, 
or any officer under this act, to take charge of or sell any property legally sold by 
the authorities of the City of San Francisco, under or confirmed, or granted by 
the provisions of the act entitled "An Act to provide for the disposition of certain 
Property of the State of California," passed March twenty -sixth, one thousand 
eight hundred and fifty-one (excepting it be the remaining interest of the State in 
said property, after the expiration of the estate or term granted or mentioned in 
said last-mentioned act, and) excepting also it be the property known as the Gov- 
ernment Reserves, which remaining interest and reserves may be sold, and are not 
intended to be exempted from sale by this proviso. 

Sec. 8. Upon a sale, the Commissioners shall make to the purchaser, as soon 
as such purchaser complies with the terms of sale, a conveyance, by deed, of bar- 
gain and sale ; such deed shall convey all the right, title, and interest of the State 
in the premises, and shall be prima facie evidence of the regularity of all the pre- 



272 ADDENDA, NO. CXXXVI. 

liminary proceedings and sale on the part of the Commissioners, and shall also be 
prima facie evidence of title and right of possession in the grantee, his heirs and 
assigns ; upon which actions, for the recovery and possession of real property, or 
for injuries thereto, may be maintained and defended in all the Courts of this State 
having jurisdiction thereof. 

Sec. 9. A sale regularly called and advertised, may be adjourned by proclama- 
tion from day to day, or may be postponed in the discretion of the Commissioners, 
in which last case it shall be readvertised, but it shall not be lawful for the Com- 
missioners in any one sale, to sell and dispose of more of the property and interest 
of property of the State, as herein provided, than shall exceed more than the 
amount of three hundred and fifty thousand dollars, nor to ordain and call sales at 
intervals of time of less than two months, one sale from and after another : pro- 
vided, that the Commissioners may at any time during a public sale, pass and dis- 
continue the sale of any property, when they deem such action to be best for the 
interest of the State. 

Sec. 10. The cash proceeds of all sales shall forever be and remain — 

First. A sinking fund, for the payment and redemption of the principal and 
interest of the three per cent, bonds of the State, and of the seven per cent, civil 
bonds, to be applied to such purposes as hereinafter provided, and in accordance 
with existing law : and, 

Second. After such payment and redemption, the balance if any, shall be paid 
into the treasury to the credit of the General Fund. 

Sec. 11. The proceeds of sales, whether bonds, warrants, or money, shall be 
paid to the Treasurer of the State, whose duty it shall be to attend all sales under 
this act, and receive all such proceeds. 

Sec. 12. The salary of each of the said Commissioners shall be three thousand 
dollars per annum, except of the President, whose salary shall be thirty-five hund- 
red dollars. The salary of the Secretary shall be thirty-five hundred dollars per 
annum. Said salaries shall be payable monthly, out of the proceeds of any sales 
under this Act, upon the certificate of the President and of the two Commissioners* 

Sec. 13. The said Commissioners shall file with the Comptroller of State at 
the close of each sale, accounts of such sale, with the number and description of 
the property sold, the purchaser's name, and other needful information, of their 
receipts and disbursements, with all necessary vouchers, which accounts shall be 
sworn to and certified by the President and Secretary of the Board. They shall 
also make to the Legislature, the first week of the session, a full report of their 
transactions during the preceding year, with such suggestions as may be proper. 

Sec. 14. It shall be the duty of the Attorney-General of this State to aid and 
advise with said Commissioners, when required by them, in carrying out the pro- 
visions of this act, and in the prosecution and defending all suits under the same. 

Sec. 15. It shall not be lawful for any Judge or Court of this State, to restrain 
or prohibit any sale of the Commissioners authorized under this act, by any order 
or injunction, and if any such order or injunction shall be issued for that purpose, 
all officers acting under this act may proceed with such sale, notwithstanding such 
injunction shall have been served on such officer. 

Sec. 16. So much of the property known as the Government Keserves, situate 
on the block bounded by Sansome, Battery, Washington, and Jackson streets, as 
may have been selected by or on behalf of the General Government for the erection 
of a Custom-House, are reserved and excepted from the provisions of this act. 

Approved, May 18th, 1853. 



ADDENDA, NO. CXXXVII. 273 



No. CXXXVII. 

SECOND ACT FOR SALE OF STATE'S INTEREST IN SAN FRAN- 
CISCO WATER FRONT, OF MAY 1st, 1855. 

[Laws 1855, Chap. CLXXXI, page 226.] 
An Act supplementary to, and amendatory op, an Act entitled " An 
Act to provide for the Sale of the Interest of the State 
of California, in the Property within the Water Line Front 
of the City of San Francisco, as defined in and by the Act 
entitled An Act to provide for the Disposition of Certain 
Property of the State of California, passed March 26th, 
1851," passed May 18th, 1853. 

This bill having been returned by the Governor with his objections thereto, and after a 
reconsideration, having passed both houses by the constitutional majority, it has become a 
law, this 1st day of May, a.d. 1855. 

W. W. STOW, Speaker of the Assembly. 

SAMUEL PUKDY, President of the Senate. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The Governor, Secretary of State, and Controller of State, are 
hereby appointed a Board, whose duty it shall be (when in their opinion the same 
may be deemed expedient) to advertise and dispose of the interest of the State, in 
all property authorized to be sold under the Act entitled " An Act to provide for 
the Sale of the Interest of the State of California, in the property within the water 
line front of the City of San Francisco, as defined in and by the Act entitled An 
Act to provide for the Disposition of certain Property of the State of California, 
passed March twenty-sixth, eighteen hundred and fifty-one, passed May eighteenth, 
eighteen hundred and fifty- three," and yet remaining unsold. 

Sec. 2. The said Board shall supersede the Commissioners appointed under 
said Act, from and after the time when the official term of said Commissioners 
shall expire by law ; and they shall discharge all the duties imposed on said Com- 
missioners by attending to and closing all business connected with the sale and 
disposition of said property. 

Sec. 3. It shall be lawful for said Board to appoint an Agent and Clerk from 
time to time, for such length of time as they may think proper, or to authorize one 
of their own members to attend all sales ; and it shall be the duty of said Agent so 
authorized to make all collections, receive payments in cash, or the civil warrants 
of the Controller of State, and pay the same over to the Treasurer on the warrant 
of the Controller; and discharge such other duties as may be assigned him by 
said Board. 

Sec. 4. The Treasurer of State shall not be required to attend said sales, nor 
shall he receive any of the proceeds arising from sales heretofore or hereafter made, 
except as they may be paid over to him by the person, and in the manner provided 
in the third section of this Act. 

Sec. 5. The said Board shall not be required to give more than fifteen days' 
notice of any sale. 

Sec. 6. The said Board shall also require their Agent to give bond and security 

19* 



274 ADDENDA, NO. CXXXVIII. 



to the State, for the faithful performance of his duties ; which bond shall be filed 
in the office of the Secretary of State. 

Sec. 7. All the necessary contingent expenses of the Board, including the pay 
of the Clerk and Agent, which said pay for either shall not exceed ten dollars per 
day, for each day of actual service ; and the charges for advertising and printing, 
shall be paid out of the proceeds of the sales by the Board, and the same shall be 
accounted for in their annual report ; but the members of the Board shall receive 
no compensation for their services, other than for necessary expenses. 

Sec. 8. The existing Board of Land Commissioners, at the expiration of their 
term, as limited by law, sball deliver over to the Board constituted by this Act, all 
books and papers relating to their office. 



No. CXXXVIII. 

THIRD ACT FOR SALE OF STATE'S INTEREST IN SAN FRAN- 
CISCO WATER FRONT, PASSED APRIL 12th, 1858. 

[Laws 1858, Chap. 185, page 139.] 
Chap CLXXXV. — An Act supplementary to and amendatory of an 
Act entitled "An Act supplementatory to and amendatory 
of an Act entitled An Act to provide for the sale of the 
Interest of the State of California in the Property within 
the Water-Line Front of the City of San Francisco, as de- 
fined in and by the Act entitled An Act to provide for the 
Disposition of certain Property of the State of California," 
passed March twenty-sixth, one thousand eight hundred and 
fifty-one ; passed May eighteenth, one thousand eight hund- 
red and fifty-three. Approved April 12th, 1858. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. That said board specified in the act entitled " An Act supplemen- 
tary to and amendatory of an act entitled An Act to provide for the Sale of the 
Interest of the State of California in the Property within the Water-Line Front of 
the City of San Francisco, as defined in and by the act entitled An Act to provide 
for the Disposition of certain Property of the State of California," passed March 
twenty-sixth, one thousand eight hundred and fifty-one ; passed May eighteenth, 
one thousand eight hundred and fifty-three, is hereby authorized and empowered 
to require the^ agent or clerk who shall have been appointed by it, or who may 
hereafter be appointed by it, under and b}' virtue of the provisions of said act, to 
report to it in writing, and under oath, showing the land or property of the State 
sold under and by virtue of the provisions of said act, whilst he was acting as such 
agent or clerk ; to whom the same was sold ; the terms of sale ; the price paid ; 
to whom paid ; and the disposition made of any and all moneys which may have 
come into his hands when acting as such agent or clerk. And said board may, 
also at any time, require such agent or clerk to deliver to it, or some member 



ADDENDA, NO. CXXXIX. 275 

thereof, any or all books, papers, or vouchers, pertaining to the transactions of 
said boai-d or of said agent or clerk, as such. 

Sec. 2. That if said agent or clerk shall neglect or refuse to make the report, 
or deliver the books, papers, or vouchers, named in section one of this act, within 
ten days from and after the same shall have been required by said board, as pro- 
vided in said section, he shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof in any Court of competent jurisdiction, shall be fined in a sum not 
less than one hundred dollars, nor over five thousand dollars, and may be impris- 
oned until such fine be paid ; and said board, or any member thereof, may apply, 
upon five days' previous notice thereof, to the District Court of the district in 
which said agent or clerk shall then reside, for an order compelling said report, or 
the delivery of such books, papers, or vouchers, or any of them ; and said District 
Court may, after hearing the allegations and proofs of the parties, make the order 
applied for ; and a failure to comply with such order shall be deemed a contempt 
of said Court, and may be punished as such. 

Sec. 3. That if said agent or clerk shall fail or refuse to pay over to the Treas- 
urer of State, on the warrant of the Controller, any money which has come into 
his hands, as such agent or clerk, within ten days after demand of the same shall 
have been made by such Treasurer or his clerk, then said agent or clerk so failing 
or refusing to pay over such money, shall be deemed guilty of a felony, and pun- 
ished by imprisonment in the State Prison for a period of not less than one year, 
nor more than five years ; provided, that no prosecution shall be maintained under 
this act where the sum not paid over is less than one hundred dollars. 

Sec. 4. This act shall take effect and be in force from and after its passage. 



No. CXXXIX. 

FOURTH ACT FOR SALE 'OF STATE'S INTEREST IN SAN FRAN- 
CISCO WATER FRONT, BUT RELATING WHOLLY TO 
THE SO-CALLED CITY SLIP PROPERTY, PASSED 
APRIL 26th, 1858. 

[Laws 1858, Chap. 337, page 323.] 
Chap. CCCXXXVIL— An Act to provide for the Sale op certain 
Property of the State of California, within the Water-Line 
Front of the City and County of San Francisco. Approved 
April 26th, 1858. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The Governor of the State is hereby authorized to enter upon, 
and take possession of all that certain tract or piece of land in the City and County 
of San Francisco, bounded as follows, to wit : On the north, by the south line of 
Clay Street ; on the south, by the north line of Sacramento Street ; on the east, 
by the Water-Line Front of the said City and County of San Francisco ; and on 
the west, by Davis Street. 



276 ADDENDA, NO. CXXXIX. 

Sec. 2. The said tract of land shall be divided, or laid out into lots and streets, 
in exact conformity with a division and plan, or map thereof, made by J. J. Gar- 
diner, surveyor, in December, one thousand eight hundred and fifty-three ; and 
which plan or map is recorded in the office of the City and County Kecorder of 
the City and County of San Francisco, in Map Book Number One, on page six. 

Sec. 3. The Governor shall employ an auctioneer, and, as soon as possible, 
proceed to sell at public auction, in the City and County of San Francisco, all the 
right, title, and interest, of the State of California of, in, and to, all the said tract 
or property. Such sale shall be made by lots laid out as hereinbefore provided, 
and only one lot shall be sold at one time. The terms of such sale shall be as 
follows : Cash, or the civil bonds of the State of California — ten per cent, to be 
paid on the day of sale, and the balance, or remainder, in ten days thereafter, in 
default whereof the property shall be resold, at the purchaser's expense and on his 
account ; provide^, that any person who has made payment or payments in cash, 
or in State indebtedness, receivable for public dues by the State, or twenty-five per 
cent, of the price which he bid for any of the lots hereinbefore mentioned, at a 
sale thereof made on the twenty sixth , day of December, one thousand eight hund- 
red and fifty-three, by the City of San Francisco, or by the then Mayor and a com- 
mittee composed of persons who were then members of the Common Council of 
said city, shall have a credit to the extent of said twenty-five per cent, upon the 
purchase by him, at the sale authorized and directed by this act, of the same lot 
or lots, or upon which he has paid said twenty-five per cent. ; provided, also, that 
any person who has made payment of the price which he bid for any of the lots 
herein mentioned, at the sale made thereof on the tenth day of October, one thous- 
and, eight hundred and fifty-five, by the Governor of the State of California, the 
Controller of State, and Secretary of State, acting as a Board of Commissioners, 
shall have a credit for the price so paid by him to said Commissioners, or the agent 
appointed by them, upon the purchase by him of the same lot or lots, at the sale 
authorized and directed by this act, which he purchased at said sale on the tenth 
day of October, one thousand eight hundred and fifty-five. At least twenty days' 
notice of the sale shall be given, in three daily newspapers published in said 
city and county. The compensation of the auctibneer shall not exceed two per 
cent, on the gross sale. 

Sec. 4. As soon as any purchaser has complied with the terms of sale, the 
Governor shall make to the purchaser a conveyance, by deed of bargain and sale, 
duly acknowledged, which deed shall be sealed with the seal of this State, and 
shall be prima facie evidence of the regularity of the sale, and of all previous pro- 
ceedings by the Governor under this act, and shall be evidence of title and right of 
possession in the grantee, his heirs and assigns, in all the Courts of this State. 

Sec. 5. The Governor shall pay all the expenses of said sale out of the pro- 
ceeds thereof, and pay over the balance, or remainder, into the State Treasury. 

Sec. 6. Any buildings, structures, or improvements upon said lots, shall not 
be sold ; and the owners thereof shall have thirty days after the sale authorized by 
this act, to remove or dispose of the same. 

Sec. 7. All the streets within the said Water-Line Front of said City and 
County of San Francisco, as laid down on the map called the Official Map of said 
city, and high-water mark, and all the streets mentioned and referred to in the act 
entitled " An Act to provide for the Disposition of certain Property of the State 
of California," passed March 26th, one thousand eight hundred and fifty-one, to 



ADDENDA, NOS. CXL, CXLI. 277 

the full extent of said streets ; and the streets as laid down on the said map or plat 
made by J. J. Gardiner, Surveyor, hereinbefore mentioned, are hereby confirmed, 
established, and dedicated to the public use as streets. 

Sec. 8. All acts, and parts of acts, conflicting with this act, are hereby repealed. 



No. CXL. 

AN ACT AUTHORIZING THE CITY AND COUNTY OF SAN FRAN- 
CISCO TO CONVEY LANDS TO THE UNITED STATES, AT 
POINT LOBOS, FOR A LIGHT HOUSE, OF MARCH 17th, 1858. 
[Laws 1858, Chap. 86. page 70.] 

Chap. LXXXVI. — An Act to authorize and empower the City and 
County of San Francisco to convey to the United States a 
Site for a Light House. Approved March 17th, 1858. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The Corporation of the City and County of San Francisco is 
hereby authorized and empowered, by deed of conveyance under the corporate 
seal, and duly signed and executed by the President of the Board of Supervisors, 
to release and convey to the United States of America, for a light-house site, all 
the right and title of the said corporation to a lot of land four hundred feet square, 
situated at Point Lobos, in the County of San Francisco, together with the right 
of way. 

Sec. 2. The said lot of land, together with the tenements and hereditaments, 
shall be exempt, so long as it is used and occupied by the United States as a light- 
house site, from all taxation by the State of California and the City and County 
of San Francisco. 



No. CXLI. 

AN ACT LEGALIZING CERTAIN CONVEYANCES MADE BY A MA- 
JORITY OF THE COMMISSIONERS OF THE FUNDED DEBT 
OF THE CITY OF SAN FRANCISCO, PASSED APRIL 14th, 1857. 
[Laws 1857, Chap. CLXXVII, page 200.] 

An Act to Legalize certain Conveyances. Approved April 14th, 1857. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. That all sales at auction made bona fide by three or more of the 
Commissioners of the Funded Debt of the City of San Francisco before the first 



278 ADDENDA, NO. CXLII. 

day of January, a.d. one thousand eight hundred and fifty-four, on which the pur- 
chase money has been paid before said last-mentioned day, be, and the same are 
hereby confirmed, and all deeds or conveyances of land within the then corporate 
limits of the City of San Francisco, signed, sealed, and delivered by three or more 
of the said Commissioners, and recorded in the office of the County Recorder of 
San Francisco County, before the first day of January, a.d. one thousand eight 
hundred aud fifty-four, are hereby legalized, and made as good, effectual, and bind- 
ing, as though the same had been legally executed by a full Board of Commis- 
sioners, and signed by each member thereof. But nothing contained in this Act 
shall be held or construed to affect or impair any adverse title or claim acquired 
prior to the passage of this Act, nor shall this Act be construed to apply to or 
affect in any manner whatever, any suit, or cause of action now pending in any 
Court in this State. 

Note.— The above act was passed to obviate the effect of the decision in Leonard vs. 
Darlington, 5 Cal. Rep. 123, that it was necessary that all the Commissioners of the Funded 
Debt should join in conveyances of the real estate held in trust by them. 



No. CXLII. 

AN ACT AUTHORIZING THE GOVERNOR OF CALIFORNIA TO 
EXECUTE A CONVEYANCE ON BEHALF OF THE STATE 
TO THE UNITED STATES OF THE LANDS IN SAN FRAN- 
CISCO, KNOWN AS THE CUSTOM HOUSE BLOCK, PASSED 
MAY 3d, 1854. 

[Laws of 1854, Chap. 36, page 41.] 

An Act to authorize the Governor of this State to convey cer- 
tain Property in the City and County of San Francisco to 
the United States for certain purposes, passed May 3d, 1854. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The Governor of this State is hereby authorized and directed to 
convey to the United States, by good and sufficient deed by him in behalf of the 
State of California executed, all the right, title, and interest of the State of Cali- 
fornia in and to a certain tract or parcel of land situated in the City and County 
of San Francisco, and bounded and described as follows, to wit : All that certain 
lot or block of land, or beach and water property, in the City of San Francisco, 
bounded on the north by Jackson Street, on the east by Battery Street, on the 
south by Washington Street, and on the west by Sansome Street, in consideration 
and for the purposes hereinafter specified. 

ec. 2. The value of the interest of the State of California, in the real estate 
described in the preceding section, shall be ascertained as follows : The Governor 
of this State shall appoint one Appraiser on behalf of the State, and Samuel J. 
Bridge, or his successor in office, Appraiser-General of the United States for the 
Pacific Coast, shall act as Appraiser on behalf of the United States, and within 



ADDENDA, NO. CXLII. 279 

ten days from and after the passage of this act, or as soon thereafter as practicable. 
The said two Appraisers shall meet in the City of San Francisco, and after view- 
ing the premises described in the. first section of this act, estimate the present cash 
value of the State interest in the same ; and if the said two Appraisers cannot 
agree as to the value of the same they shall call and choose a third Appraiser to 
act in conjunction with them, and the value which the three may fix upon said 
premises they shall immediately, under their respective hands, certify and deliver 
to the Governor. 

Sec. 3. As soon as the return of the appraisement is made to the Governor, 
in accordance with the provisions of the preceding section, the Governor shall exe- 
cute a deed for the said premises to the United States, as provided in the first 
section of this act, in consideration of one-half of the appraised value thereof, as 
returned to him by said Appraisers, and upon the payment to him by the United 
States of a sum equal to one-half of said appraised value, he shall deliver said deed 
to the District Attorney of the United States for the Northern District of Califor- 
nia; which saiii deed, when so executed and delivered, shall vest all the right, 
title, and interest of the State of California in and to said premises, in the United 
States, for the purpose of erecting and continuing thereon a Custom House and 
other necessary public buildings for the use of the United States, and for no other 
purpose : provided, if the United States shall at any time hereafter sell or dispose 
of the said property, or any part thereof, then the whole or part so sold or disposed 
of, as the case may be, shall revert to the State of California. 

Note. — In execution of the authority expressed in the preceding act of the Legislature, 
a conveyance was subsequently made by the State of California to the United States, in the 
words and figures following : 

The State of California, 

By John Bigler, Governor, 
to 
The United States. 

state of california. 

To all to whom these Presents shall come — 

Greeting : Whereas the Legislature of the State of California did, during the 
session commencing on the first Monday in January, in the year of our Lord 
one thousand eight hundred and fifty-four, pass a certain act which was ap- 
proved by the Governor of the State on the third day of May, in the year above 
mentioned, which said act is in the words and figures following, to wit : "An Act 
to authorize the Governor of this State to convey certain Property in the City 
and County of San Francisco to the United States for certain purposes," The 
People of the State of California, represented in Senate and Assembly, do enact as 
follows : 

Section 1 ("as above set forth). 
Section 2 (as above set forth). 
Section 3 (as above set forth). 

And whereas, in compliance with the provisions of said law, Levi Hermance 
being duly appointed by the Governor of said State one of the Appraisers to value 
said property on the part of the State of California, the said Appraisers, to wit : 
Samuel J. Bridge, Appraiser-General of the United States for the Pacific Coast, on 



280 ADDENDA, NO. CXLII. 

the part of the United States, and Levi Hermance, on the part of the State of Cali- 
fornia, met in San Francisco on Saturday the sixth day of May, a.d. 1864, and 
after viewing the premises, appraised the cash value of the above-mentioned and 
described property at three hundred thousand dollars ($300,000). 

Now know ye, that under and by virtue of the above recited act, and in accord- 
ance with the appointment of said Appraisers, which has been duly certified and 
delivered to the Governor of said State, for and in consideration of the sum of 
one hundred and fifty thousand dollars, ($150,000) being one-half of the appraised 
value, paid by the United States, to the undersigned Governor of the State of 
California, the receipt of which is hereby acknowledged on this the fifth day of 
September, a.d. 1854, there is this day granted, sold, and conveyed, by the State 
of California to the United States, all the right, title, and interest of the State of 
California in and to the following described tract or parcel of land with all the 
appurtenances thereto belonging, situate, lying, and being in the City and County 
of San Francisco, and State of California, viz. : bounded on the north by Jackson 
Street, on the east by Battery Street, on the south by Washington Street, and on 
the west by Sansome Street. To have and to hold the same in manner and form 
as prescribed in said recited act, with all the rights, privileges, and appurtenances 
unto the same belonging or in any wise appertaining unto the United States 
forever. 

Given under my hand and the great seal of the State of California at Sacra- 
mento, this the fifth day of September, a.d. 1854. 



JOHN BIGLER, 
Governor of the State of California. 



Attest : 
[l.s.] J. W. Denver, 

Secretary of State. 



State of California, 

County of San Francisco, 

On this fifth day of September, a.d. 1854, before me, T. A. Lynch, a Notary 
Public in and for said county, personally appeared John Bigler, the Governor of 
the State of California, to me known to be the individual described in and who 
executed the foregoing instrument, and acknowledged that he executed the same 
freely and voluntarily for the uses and purposes therein mentioned as such Gover- 
nor of the State of California. 

In witness whereof, I have hereunto set my hand and affixed my official seal, 
the day and year first above written. 

[l.s.] T. A. LYNCH, 

Notary Public. 



United States Attorney's Office, ) 
San Francisco, Sept. 5th, 1854. J 

I hereby certify that the within deed is in due and proper form, and conveys a 
valid title to the United States. 

S. W. INGE, 

U. S. Attorney. 



ADDENDA, NO. CXLIII. 281 

A true copy of an original, recorded [in Book 41 of Deeds, page 468] at request 
of Kichard P. Hammond, September 8th, 1854, at 12 m. [in 41 of Deeds, p. 468]. 

JAMES GRANT, 

County Recorder. 



No. CXLIII. 

AN ACT GIVING THE CONSENT OF THE LEGISLATURE OF THE 
STATE OF CALIFORNIA TO THE PURCHASE BY THE UNIT- 
ED STATES, OF LAND WITHIN THIS STATE FOR PUBLIC 
PURPOSES, PASSED APRIL 27th, 1852. . 
[Laws 1852, Chap. LXXYI, page 149.] 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. That the consent of the Legislature of California be and the same 
is hereby given to the purchase by the Government of the United States, or under 
the authority of the same, of any tract, piece, or parcel of land, from any indi- 
vidual or individuals, bodies politic or corporate, within the boundaries or limits 
of this State, for the purpose of erecting thereon Armories, Arsenals, Forts, For- 
tifications, Navy Yards or Dock Yards, Magazines, Custom Houses, Light Houses, 
and other needful public buildings or establishments whatsoever ; and all Deeds, 
Conveyances, or Title Papers for the same, shall be recorded, as in other cases, 
upon the Land Records of the county in which the land so conveyed may lie ; 
and in like manner may be recorded a sufficient description, by metes and bounds, 
courses and distances, of any tract or tracts, legal divisions or sub-divisions of any 
public land belonging to the United States which may be set apart by the General 
Government, for any or either of the purposes before mentioned, by an order, patent, 
or other official document or paper so describing such land. The consent herein 
and hereby given being in accordance with the seventeenth clause of the eighth 
section of the first article of the Constitution of the United States, and with the 
Acts of Congress in such cases made and provided. 

Sec. 2. The lots, parcels, or tracts of land so selected, together with the tene- 
ments and appurtenances, for the purposes before mentioned, shall be held exempt 
from taxation by the State of California. 

Approved April 27th, 1852. 



282 ADDENDA, NOS. CXLXV, XLXV. 



No. CXLIV. 

AN ACT TO LEGALIZE CERTAIN CONVEYANCES OF THE COM- 
MISSIONERS OF THE SINKING FUND OF THE CITY OF SAN 
FRANCISCO, PASSED MARCH 25th, 1858. 

[Laws 1858, Chap. 108, page 84.] 

Chap. CVIIL— An Act to Legalize certain Conveyances made by the 
Commissioners of the Sinking Fund of the City of San Fran- 
cisco. Approved March 25th, 1858. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. That all the sales at auction made bona fide by the Commission- 
ers of the Sinking Fund of the City of San Francisco, on the twenty-fifth day of 
January, one thousand eight hundred and fifty-one, by virtue of Ordinance Num- 
ber Forty-Nine of the City Council, approved the twenty-third day of August, one 
thousand eight hundred and fifty, on which the purchase-money has been [paid ?] to 
the said Commissioners, and for which deeds or conveyances of land, within the 
then corporate limits of the City of San Francisco, have been made, and signed, 
scaled, and delivered, by John W. Geary, Benjamin L. Berry, Talbot H. Green, 
William Hooper, and James King of William, the said Commissioners of the Sink- 
ing Fund, and recorded in the office of the County Recorder of San Francisco 
County, be, and the same are hereby confirmed, legalized, and made good, effect- 
ual, and binding. 



No. CXLV. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE FUNDED 
DEBT OF THE CITY OF SAN FRANCISCO TO FINALLY SET- 
TLE CLAIMS TO CERTAIN REAL ESTATE, PASSED APRIL 

14th, 1862. 

[ Laws of 1862, Chap. 203, page 217.] 

An Act to authorize the Commissioners of the Funded Debt of 
the City of San Francisco to compromise and settle certain 
Claims to Real Estate, and to convey such Real Estate, pur- 
suant thereto. Approved April 14th, 1862. 

Whereas, pursuant to the provisions of section twelve of an act entitled "An 
Act to authorize the Funding of the Floating Debt of the City of San 
Francisco, and to provide for the payment of the same," passed May first, 
in the year one thousand eight hundred and fifty-one, certain real estate 
formerly held by the Town or City of San Francisco, was conveyed by the 
Commissioners of the Sinking Fund, mentioned in the said section of the 
said act, to the Commissioners of the Funded Debt of the said City of San 



ADDENDA, NO. CXLY. 283 

Francisco ; and whereas, it is alleged that certain parcels of said real estate 
have never been sold, leased, dedicated, reserved, or conveyed by the said 
Commissioners of the Funded Debt, but are in the actual possession of 
certain persons, who have purchased the same in good faith, and for valu- 
able considerations, and who, by themselves, their tenants, or persons 
through whom they claim and derive possession of the said lands, have 
been in the actual possession of the same, from and including tbe first day 
of January, in the year one thousand eight hundred and fifty-five, and who 
therefore claim to have become entitled to and possessed of all the right, 
title, claim, interest, and estate of the said City of San Francisco, of, in, 
and to the said lands by them respectively occupied, as aforesaid, by virtue 
of the provisions of an act entitled "An Act concerning the City of San 
Francisco, and to ratify and confirm certain ordinances of said city," 
approved March eleventh, in the year one thousand eight hundred and 
fifty-eight, and of the ordinances mentioned in the said last-mentioned act, 
and particularly of the ordinance therein mentioned, commonly called the 
"Van Ness Ordinance;" and whereas, it is doubtful whether or not the 
said claims of the said possessors of the said lands are well founded in fact 
and in law, and, also, whether the said claims of the said Commissioners 
of the Funded Debt have not become barred by the Statutes of Limitation 
of this State ; therefore — 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows: 

Section 1. Upon receiving a petition from any person or persons claiming 
that they, by themselves, their tenants, or the persons through whom they claim 
or derive possession, have been, from and including the first day of January, in 
the year one thousand eight hundred and fifty-five, and still are in the actual pos- 
session of any of the lands conveyed to the Commissioners of the Funded Debt 
of the City of San Francisco, by the Commissioners of the Sinking Fund of said 
city, according to the provisions of section twelve of an act entitled " An Act to 
authorize the Funding of the Floating Debt of the City of San Francisco, and to 
provide for the payment of the same," passed May first, in the year one thousand 
eight hundred and fifty-one, and that such lands have not been sold, leased, dedi- 
cated, reserved, or conveyed by the said Commissioners of the Funded Debt, to 
any one, or for any purpose, and that such claimant or claimants were the pur- 
chasers of such lands so claimed by them, for a valuable consideration, and asking 
for a grant of such lands under the provisions of this act — the said Commissioners 
of the Funded Debt shall proceed to take testimony as to the matters alleged in 
such petition. Full and accurate notes of such testimony shall be made and pre- 
served, all documentary testimony shall be copied in full, and the testimony of 
witnesses shall be made in writing, signed by the witnesses, and attested by the 
Commissioner taking the same. Any one or more of the said Commissioners of the 
Funded Debt shall be competent to take such testimony, and to administer the 
requisite oath or affirmations on taking the same and in all proceedings under this 
act, as well as for the purpose of verifying the petition aforesaid. Such petition 
shall be verified by the oath or affirmation of the party in whose behalf the same is 
presented ; or, in case it shall appear that he is absent from the State, or from any 
other cause is incapable of verifying the same in his own person, the same may be 



284 ADDENDA, NO. CXLV. 

verified by his agent or attorney in the premises, before one of the Commissioners 
of the Funded Debt, or before any officer authorized to take affidavits to be read 
in Courts of Record. Any person who shall be guilty of wilful false swearing in 
any material matter provided for in this act, shall be adjudged to be guilty of the 
crime of perjury, and shall suffer the penalty thereof. 

Sec. 2. Upon the completion of the testimony offered by any such petitioner, 
the said Commissioners of the Funded Debt shall proceed to act upon the same, 
and if, in their judgment, the claim is well founded, according to the provisions of 
this act, they shall, by an order entered in their minutes, adjudge and award a 
grant of such lands, so petitioned for, according to the provisions of this act. 
They shall, thereupon, give public notice of such their award, by a notice published 
at least once a week, for three successive weeks, in a daily public newspaper, pub- 
lished in the City and County of San Francisco, which notice shall specify the 
name of the applicant, the date and filing of his petition, the tract of land awarded, 
by metes and bounds, the official number of the lot of which it consists, or is a 
parcel, if any, and the streets upon which it is situated. Proof of such publica- 
tion shall be made in the manner now or hereafter required by law for the proof of 
publication in civil process. 

Sec. 3. Upon receiving proof, as hereinbefore provided, for the publication of 
such notice, the said Commissioners of the Funded Debt shall execute and delierv 
conveyances of the respective lands, upon the assessment and payment of moneys, 
per centages, and expenses, required by the subsequent provisions of this act, as 
hereinafter provided ; provided, that in case a complaint shall be, or shall have 
heretofore been filed in any Court of competent jurisdiction, by any person or per- 
sons, against any such claimant or claimants, duly verified by oath, demanding 
the possession of any such lands against such claimant, and alleging that the 
plaintiff therein was wrongfully dispossessed or ejected therefrom, and a copy of 
such complaint, certified under the seal of the Court, shall be filed with the Secre- 
tary of the said Commissioners of the Funded Debt, before they shall have executed 
and delivered a conveyance in the respective case, then, and in that case, they shall 
withhold such conveyance until such suit shall be finally determined, and shall 
thereafter execute a conveyance of the respective lands to the person or persons 
who shall be finally adjudged and decreed in such action to be entitled to the pos- 
session of the same ; provided, that the payment required in the fourth section of 
this act shall be made before such conveyance shall be delivered. 

Sec. 4. The value in money of such lands shall thereupon be assessed by 
the said Commissioners of the Funded Debt, without any unnecessary delay, in the 
manner following : If the same specific parcel of lands shall stand assessed upon 
the next preceding assessment roll of said city and county, the amount for which 
it shall stand assessed shall be deemed the value of such lands. If the same shall 
not stand so specifically assessed, the said Commissioners of the Funded Debt, or 
a majority of them, may agree with the respective petitioner as to the value at 
which the same shall be assessed. If no such agreement be made, then the same 
shall be assessed by two arbitrators, one to be chosen by the said Commissioners 
of the Funded Debt, and the other by the respective petitioner or petitioners, with 
power to such arbitrators, in case of their disagreement, to choose a third, and the 
assessment so made by such arbitrators shall be final. No conveyance shall be 
delivered to any petitioner until at least ten per cent, of such assessed value of the 
respective lands shall be paid to the said Commissioners of the Funded Debt, to 
be by them applied to the extinguishment of the said Funded Debt, according to 



ADDENDA, NO. CXLVI. 285 

the provisions of the said act in that behalf made and provided, nor until the re- 
spective petitioner or petitioners shall have paid to the said Commissioners of the 
Funded Debt all of the expenses of the respective proceedings, including publica- 
tion, proofs thereof, the conveyance, and the acknowledgment thereof, but no 
charge shall be made for taking testimony. 

Sec. 5. Upon any award being finally made, as aforesaid, and upon the pre- 
vious payment of the per centage upon the ascertained assessed value of the 
respective lands, and of the expenses of the respective proceedings, as provided in 
the preceding section, the said Commissioners of the Funded Debt, or a majority 
of them, shall, by a deed of conveyance, executed under their hands and seals, or 
under the hands and seals of a majority of them, grant, convey, remise, and release 
to such petitioner or petitioners, the lands so respectively petitioned for and 
awarded, which said deed of conveyance shall be construed to convey to such 
petitioner, his heirs and assigns, all of the interest of the said City and County of 
San Francisco, and of the Commissioners of the Funded Debt, in and to such 
lands. Such deed of conveyance shall contain recitals, showing that the same was 
executed under the provisions of this act; and when the same shall contain recitals 
showing that all the provisions of this act have been regularly complied with, such 
deed of conveyance shall be deemed prima facie evidence of such facts so recited; 
■provided, however, that no such conveyance shall be executed or delivered in any 
case, until a per centage upon the assessed value of such lands, in money, and the 
expenses of the respective proceedings, shall be paid to the said Commissioners of 
the Funded Debt, as provided in this act. 

Sec. 6. No conveyance of any such lands, made as hereinbefore provided, 
shall be deemed to conclude the rights of third persons ; but such third persons 
may have their action in the premises, to determine alleged interest in such lands, 
against such grantee, his heirs and assigns, to which they may deem themselves 
entitled, either in law or equity. 

Sec. 7. This act shall take effect immediately, and the said Commissioners of 
the Funded Debt shall execute the same within one year from the date of its pas- 
sage ; provided, however, that if they are hindered or delayed in the execution of 
any proceeding, by any process of law, the time during which they are so hindered 
or delayed shall not be taken to be a part of such period of one year, so far as that 
proceeding is concerned. 

Note.— This act was extended two years from its passage, by Laws of 1863, page 69, 
Chap. 71; and for three years from April 4th, 1864, by Laws of 1863-4, page 474, Chap. 422; 
and decided to be constitutional in Bahcock vs. Middleton, 20 C ai - 643. 



No. CXLVI. 

THE VAN NESS ORDINANCE, WITH ALL THE PROCEEDINGS 
HAD UPON THE SAME. 

No. I. 

The First Van Ness Ordinance. 
" Ordinance 822, for the settling and quieting of the Land Titles in the City of 
San Francisco," commonly called, the " Van Ness Ordinance/' from its author, 



286 ADDENDA, NO. CXLVI. 

the Hon. James Van Ness, is the same ordinance of that number and title, recited 
in "An Act concerning the City of San Francisco, and to ratify and confirm cer- 
tain ordinances of the Common Council of said City." Approved March 11, 1858, 
[Laws 1858, Chap. LXVI, p. 52, etc], and contained in the Addenda, ante pp. 
216-17. 

The original of this ordinance has been lost, having been lent from the office of 
the Clerk of the Board of Supervisors upon a receipt of an attorney, on December 
15, 1864, and never returned; but a certified copy may be found at pages 895-9, 
in Manuscript Book No. 3 of Ordinances, in the office of the City and County 
Clerk, certified as follows : 

" I hereby certify the foregoing to be a true copy of an ordinance passed the 
Common Council finally, and returned by the Mayor with his approval. Dated 
June 20, 1855. T. M. DEHON, 

Clerk Common Council." 

As the ordinance is recited in full in the act just mentioned, and Courts are 
required by section three of that act to take judicial notice of it, the loss of the 
original is presumed to be of no consequence. 



No. II. 

Message of the Mayor and Certificate of Entry of Land, accord- 
ing to Provisions of Section One of above Ordinance No. 822. 

Mayor's Office, ) 

San Francisco, June 27, 1855. ) 
Gentlemen of the Common Council: 

By Ordinance 822 it is made the duty of the Mayor to enter at the proper land 
office of the United. States, all the lands above the natural high-water mark of the 
Bay of San Francisco, situated within the corporate limits of the City of San 
Francisco, as defined in the Act of Incorporation, passed April 15, 1851, for the 
several use, benefit, and behoof of the occupants or possessors thereof, according 
to their respective interests. In conformity to said provision, I caused an entry of 
said lands to be made in the United States Register's Land Office at Benicia, on 
the twenty-first day of June, a.d. 1855. I herewith transmit a copy of said entry, 
certified by Col. Gift, Registrar of said Land Office. 

S. P. WEBB, Mayor. 

To W. W. Gift, Registrar of the United States Land Office at Benicia — 

Sir : In pursuance of the ordinance of the Common Council of the City of San 
Francisco, passed and approved June 20, 1855, and under the provisions of the 
Act of Congress of the United States, passed May 23, a.d. 1854, entitled "An 
Act for the relief of Citizens of Towns upon Lands of the United States, under cer- 
tain circumstances," and also of the eighth section of an Act of Congress passed 
March 3d, 1853, entitled "An Act to provide for the Survey of the Public Lands in 
California, the granting Preemption Rights thereon, and for other purposes ;" I, 
S. P. Webb, Mayor of the said City of San Francisco, do hereby, in the name of 
the corporate authorities of said city, enter with the Registrar of the United States 
Land Office at Benicia, at the minimum price, in trust for the several use and 
benefit of the occupants or possessors thereof, according to their respective inter- 
ests, all the lands above the natural high-water mark of the Bay of San Francisco, 



ADDENDA, NO. CXLVI. 287 

situate within the following limits of the said City of San Francisco, to wit : Bound- 
ed on the south by a line parallel with the street of said city known as Clay Street ; 
and two and one-half miles distant south from the center of Portsmouth Square ; 
on the west by a line drawn parallel with Kearny Street, two miles distant west 
from the center of Portsmouth Square ; on the other side by the line of natural 
high-water mark, along the shore of the Bay of San Francisco, as it existed at the 
admission of California into the Union as a State, until the said water line inter- 
sects the south and west lines above mentioned ; all the above lands being at the 
date of the last-mentioned act, and being actually settled upon and occupied as a 
town site «y and I do hereby give notice that it is the intention of the said City of 
San Francisco to claim said lands under the provisions of the aforesaid acts of 
Congress, and for the use therein mentioned. 

(Signed) S. P. WEBB, 

Mayor of the City of San Francisco. 

State of California, 

County of San Francisco. 

On this twentieth day of June, a.d. 1855, before me, Gilbert A. Grant, a Notary 
Public in and for said county, Stephen P. Webb, the person whose name is sub- 
scribed to the foregoing instrument, and well known to me to be the present Mayor 
of the City of San Francisco, who being by me duly sworn, does depose and say 
that he is the Mayor of the said City of San Francisco, and did subscribe the fore- 
going instrument as such Mayor, and that the lands in the said instrument de- 
scribed, and whole thereof, were on the third day of March, a.d. 1853, and still 
are actually settled upon and occupied as a town site. 

(Signed) S. P. WEBB. 

Subscribed and sworn before me, this twentieth day of June, 1855. 

[l.s.] GILBERT A. GRANT, 

Notary Public in and for said County. 

Land Office, Benicia, California. 

I, Wm. W. Gift, Registrar, do hereby certify that the foregoing is a true and 

correct copy of an instrument filed in my office on the twenty-first day of June, 

A.D. 1855. 

WM. W. GIFT, Register. 

By P. S. Morris, Clerk. 

Ordered on file in concurrence. On motion adjourned to meet at the call of the 

President. 

JOHN CRANE, Clerk. 



No. III. 

Mayor's Message advising the Appointment of Commissioners under 
the Van Ness Ordinance, to select Lands for the Public Pur- 
poses of the City, according to its provisions, April 8, 1855. 

Mayor's Office, August 8th, 1855. 
To the Common Council — 

Gentlemen : By the terms of the ordinance approved June 20th, 1855, entitled 
"An Ordinance for the Settlement and Quieting of Land Titles in the City of San 



288 ADDENDA, NO. CXLVI. 

Francisco," it is provided that a Commission, consisting of three persons, shall be 
chosen by the Common Council, in joint convention, whose duty it shall be to 
select from the lands within the corporate limits of the city, and lying west of 
Larkin Street and south-west, of Johnson Street, as many lots as the Mayor and 
Common Council may, by ordinance, determine necessary, for public and munici- 
pal purposes, and that said selection shall be made within six months from the 
passage of the Ordinance so approved June 20th, 1855. 

The Ordinance also declares that the city shall have the right to proceed to lay 
out and open streets as soon as the corporation may deem it expedient, in that 
part of the city west of Larkin Street and south-west of Johnson Street, and 
reserve the right, etc. 

I would respectfully suggest to the Common Council the propriety and expedi- 
ency of adopting at an early moment the necessary measures to ascertain the lines 
and boundaries of the streets contemplated to be laid out and opened in the as yet 
unsurveyed portion of the city. And also to determine by ordinance the number 
and dimensions of the lots to be selected for public and municipal purposes by the 
Commission above referred to, and further, to appoint the said Commission. 

It will be readily seen that until these preliminary steps are taken by the Com- 
mon Council, it will be impossible to determine with accuracy which lands are 
destined for streets and other public uses, and which are to be retained by the 
proprietors as private domain. In this condition of things, improvements in 
western and south-western portions of the city will be greatly retarded, and the 
wholesome and general benefits expected to be derived from the passage of the 
ordinance for the settlement and quieting of land titles within the city will be 
correspondingly delayed. 

JAMES VAN NESS, Mayor. 

In the Board of Assistant Aldermen, August 8th, 1855, on motion, the Message 
was referred to the Committee on Streets and Public improvements, and ordered 
published. 

KOBERT C. PAGE, Clerk. 



No. IV. 
Report of the Committee on Streets and Public Improvements, on 

THE PRECEDING MESSAGE, August 11th, 1855. 

To the Honorable the Board of Assistant Aldermen — 

Gentlemen : Your Committee on Streets and Public Improvements, to whom 
was referred the message of his Honor the Mayor, dated August the 8th, in refer- 
ence to the importance of immediate action upon the subject of reservations for 
streets and other public purposes, which the city have the right to make, by virtue 
of Ordinance No. 822 — report in favor of the recommendations expressed in said 
message, and that, in compliance therewith, they have carefully prepared the 
Ordinance herewith presented. 

The benign effects and advantages of said Ordinance No. 822, has been so fully 
illustrated and experienced and give such fair promise of future peace and pros- 
perity to our fellow-citizens, individually and collectively, and the further advant- 
age which it gives to the city, of its now possessing itself, without expense, of all 
the streets, lots, and lands, which may be forever required, the same to be distrib- 



ADDENDA, NO. CXLVI. 289 

uted most conveniently throughout the length and breadth of the city, is so mani- 
fest and important, in the opinion of your Committee, as to render it unnecessary 
for them to add to the high recommendation, with the consideration of which your 
Committee have the honor to be charged. All of which, with the accompanying 
Ordinance, is respectfully submitted. 

E. P. PECKHAM, 
J. C. BEIDEMAN, 
Committee on Streets and Public Improvements. 
August 11th, 1855. 

In the Board of Assistant Aldermen, August 11th, 1855, on motion, the report 
was accepted and adopted. 

ROBERT C. PAGE, Clerk. 



No. V. 



Report of the Judiciary Committee of the Board of Aldermen upon 

THE PRECEDING MESSAGE OF HlS HONOR THE MAYOR (No. Ill) AND 

upon the Ordinance on the same subject next following (No. 
YI), September 24th, 1855. 

Your Committee, to whom was referred the Message of his Honor the Mayor, 
and an Ordinance in accordance with the recommendations thereof, entitled "An 
Ordinance providing for selecting and designating Public Squares, and reservations 
for Hospitals, Fire Engine and School Houses, and adopting the plan of Streets 
in the Western and South- Western portion of the City, according to the provisions 
of Ordinance No. 822, and confirmatory of said Ordinance No. 822," adopted by 
the Board of Assistant Aldermen, Aug 11th, 1855 — 

Respectfully report, that they have carefully examined the same, and have 
arrived at the conclusion that no measure ever originated in the Common Council 
capable of conferring a tithe of the benefits upon the city at large, which may be 
derived from said Ordinance No. 822. We ascertained from personal inquiry and 
investigation, that his Honor the Mayor, in his recommendation of fixing at an 
early day a plan of streets, and designating the reservations the city may make in 
compliance with said Ordinance No. 822, but effects the wishes and requirements 
of several thousand inhabitants of the city, who are prevented by delay in these 
particulars from making proper and desirable improvements. 

We therefore recommend concurrent action by this Board with the Board of 

Assistant Aldermen, upon the Ordinance, which, with the accompanying papers, 

are respectfully submitted. 

WILLIAM GREEN, 

C. H. CORSER, 

Committee of Judiciary. 
September 24th, 1855. 

20* 



290 ADDENDA, NO. CXLVI. 



No. VI. 

Ordinance [845] providing for the Appointment op Commissioners, and 
also Confirming the Van Ness Ordinance, and approval of the 
same by the Mayor, September 27th, 1855. 

The following Ordinance, introduced by the Committee on Streets and Public 
Buildings, was passed by the Board of Assistants — Ayes, Messrs. Wilson, Tobin, 
Peckham, Dow, Beideman, and Wells. In the Board of Aldermen it passed unani- 
mously ; and after having been approved, was published on September 29th, 1855 : 

Ordinance 845, providing for selecting and designating Public Squares and Reservations 

for Hospital, Fire Engine and School Houses, and other public purposes, and 

for adopting the plan of streets in the western and south-western portion of the 

City according to the provisions of Ordinance No. 822, and confirmatory of 

said Ordinance No. 822. 

The People of the City of San Francisco do ordain as follows : 

Section 1. Under and by virtue of the provisions of the Ordinance of the 
Common Council, 822, entitled "An Ordinance for the Settlement and Quieting 
of Land Titles in the City of San Francisco," approved June 20th, 1855, the 
Board of Aldermen and the Board of Assistant Aldermen shall meet in joint 
convention at their next regular meeting after the passage of this Ordinance, and 
proceed to elect three Commissioners, who shall have the powers, and proceed to 
discharge the duties specified in section eight of said Ordinance No. 822. 

Sec. 2. It shall be the duty of the City Surveyor, acting in conjunction with 
said Commissioners, and with their concurrence, to furnish, by way of recommend- 
ation to the Common Council, within one month from the date of their appoint- 
ment, a plan for the location and dimensions of the streets to be laid out within 
the city limits, west of Larkin and south-west of Johnson streets, upon which plan 
shall also be designated the lots and grounds selected by the said Commissioners 
for the use of the city, under the provisions of the aforesaid Ordinance No. 822 ; 
porvided, that the compensation of said Commissioners shall not exceed the sum 
of one hundred dollars each, payable when the Common Council may legally 
make an appropriation therefor. 

Sec. 3. The said Ordinance No. 822, referred to in the preceding section one, is 
hereby reordained, ratified, and confirmed in all its parts. 

HENRY J. WELLS, 

President Board of Assistant Aldermen. 

R. W. SLOCUM, 

President Board of Aldermen. 
Approved September 27th, 1855. 

JAMES VAN NESS, Mayor. 



I hereby certify the foregoing to be a true copy of an Ordinance passed by the 
Common Council finally, and returned by the Mayor, with his approval, dated 
September 27th, 1855. 

WM. H. STEVENS, 

Clerk of the Common Council. 



ADDENDA, NO. CXLVI. 291 

Mayor's Office, September 27th, 1856. 
To the Common Council — 

Gentlemen: I herewith return with my approval Ordinance No. 844, entitled 
"An Ordinance providing for selecting and designating Public Squares and Reser- 
vations for Hospitals, Fire-Engine, and School purposes, and for adopting the plan 
of streets in the western and south-western portion of the city, according to the 
provisions of Ordinance No. 822, and confirmatory of said Ordinance No. 822." 

Respectfully, 

JAMES VAN NESS, Mayor. 



No. VII. 

Appointment op Commissioners to select lands for the City under the "Van 
Ness Ordinance, Nov. 12th, 1855. 

San Francisco, Nov. 12th, 1855. 
BOAED OF ALDERMEN. 

Assistant Aldermen Dow and Beideman appeared as a Committee from the 
Board of Assistant Aldermen, proposing to go into Joint Convention to elect 
three persons to fill the office of Commissioners created by Section 1 of Ordinance 
345. 

Proposition accepted, and the Board adjourned to the room of the Assistants. 
joint convention. 

Present : Aldermen — Hopkins, Hathaway, Tewksbury, Greene, and Slocomb ; 
Assistant Aldermen — Wilson, Tobin, Peckham, Vandewater, Dow, Beideman, and 
Wills. 

Nominations being in order, the following persons were named, viz. : H. Hawes, 
M. Hayes, O. H. Gough, C. D. Carter, W. P. Jones, L. McLane, jr., and R. H. 
Sinton. On proceeding to ballot, the result was as follows, viz. : H. Hawes, 8 
votes ; W. P. Jones, 5 votes ; L. McLane, jr., 3 votes ; M. Hayes, 7 votes ; C. D. 
Carter, 3 votes ; C. H. Gough, 7 votes ; R. H. Sinton, 3 votes. 

Messrs. Hawes, Hayes, and Gough having received the highest number of votes, 
were duly declared elected. 

There being no other business, the convention dissolved, and the Board of 
Aldermen withdrew. 



No. VIII. 

Ordinance extending the time to March 20th, 1856, for the Commis- 
sioners APPOINTED BY SEC 8, OF ORDINANCE No. 822, TO COMPLETE 
THEIR LABORS. 

The People of the City of San Francisco do ordain as follows: 

Section 1. That the Commissioners appointed by the Common Council under 
the provisions of Ordinance No. 822, for the purpose of selecting and setting apart 
lands for public purposes west of Larkin and south of Johnson streets, are hereby 
granted until the twentieth day of March, 1856, to complete their labors. 

Approved, December 21, 1855. 



292 ADDENDA, NO. CXLVI. 



No. IX. 

Ordinance [further] extending the time to April 20th, 1856, tor 
the Commissioners appointed by Sec. 8, of Ordinance No. 822, 
to complete their labors, april 27th, 1856. 

The People of the City of San Francisco do ordain as follows : 

Section 1. That the Commissioners appointed by the Common Council under 
the provisions of Ordinance No. 822, for the purpose of selecting and setting apart 
lands for public purposes west of Larkiu and south of Johnson streets, be and they 
arc hereby granted until the twentieth day of April, 1856, to complete their labors. 

HENRY J. WELLS, 
President of the Board of Assistant Aldermen. 
J. M. TEWKSBUKY, 
, President of the Board of Aldermen. 
Approved, April 7th, 1856. 

JAMES VAN NESS, 

Mayor. 



No. X. 

Report to the Common Council by the Commissioners appointed as 
before, to select lands for the clty under the provisions of 
the Van Ness Ordinance, April 19th, 1856.* 

The following is the report of the Surveyor and Board of Commissioners, made 
to the Board of Assistants, and published in the City official paper at the time, 
April 19th, 1856: 

Report of the Commissioners on the Survey of the Western Addition of the City. 
To the Hon. Common Council of the City of San Francisco — 

Gentlemen : The undersigned, Commissioners appointed to select, under the pro- 
visions of Ordinance No. 822, lots and squares for school, fire, hospital, and other 
public purposes in that portion of the city west of Larkin and south-west of John- 
son streets, and to lay out the streets therein, beg leave to make the following report : 

Your Commissioners, after a patient and thorough examination of the land, have 
adopted the accompanying plan or map thereof, showing the streets so laid out, 
and the lots and squares selected for the above public purposes, and recommend 
its adoption as the official map of the portion of the city above mentioned. Your 
Commissioners found that it was impossible to perform the work assigned them 

* This report has been irrecoverably lost, but is here reproduced from an authentic source. 
In the view I take of the subject matter, the validity and legal operation of the legislation 
upon it are wholly based upon the act of the Legislature of California confirming the so- 
called Yan Ness Ordinance, and the map of the Western Addition, adopted and confirmed 
by that legislative statute. See the statute as set forth ante, Addenda, No. CXII, pages 
216-20 inclusive. Yet these proceedings have a historical interest as contaiuing the chron- 
ological narrative of the facts as they actually occurred, and possibly a legal value as em- 
bodying the real or supposed necessities out of which this legislation originated. The Yan 
Ness Ordinance was, beyond doubt, a wise and beneficent act of legislation, for it gave to 
the possessors of land a sure source of title, no matter what the final decision of the Courts 
might be as to the origin of the legal title. 



ADDENDA, NO. CXLVI. 293 

without a partial survey being first made ; and as no provision was made by the 
City for defraying the expenses of such survey, they became responsible for the 
hire of the ehainmen, flagmen, and other expenses incidental to the survey, expect- 
ing to be reimbursed by subscription, which has been partially done. The annexed 
schedule, marked "A," shows the total amount of their disbursements in making 
the survey. 

The number of school lots selected is twenty-eight (28) ; their size one hundred 
and thirty-seven and one half feet by one hundred and thirty-seven and one-half 
feet (137|- ft- D y 13 ?2 ft-)> except those located on the Potrero, which are one 
hundred feet by two hundred feet (100 ft. by 200 ft.). The number of lots for fire 
purposes is twenty-five (25) ; their size thirty feet by one hundred and thirty-seven 
and one-half feet (30 ft. by 137^ ft.), except those located on the Potrero which 
are thirty feet by one hundred feet (30 ft. by 100 ft.). Six (6) squares or plazas 
are selected, size four (4) blocks, containing about twelve acres each (12 a.), and 
four (4) squares, size two (2) blocks, containing about five (5) acres each, and one 
lot for hospital, size two (2) blocks. Perhaps more lots and squares have been 
selected than are necessary for the above purposes ; yet the selection of the above 
number was deemed advantageous, since as a city enlarges, so do her wants. 

Ordinance No. 822 gafe your Commissioners the power to take only the one- 
twentieth (1-20) of the land of one person for School, Fire, Hospital, and other 
public purposes. In a great many instances they found, in laying out the lots 
for such purposes, that in order to place them at proper distances from each other, 
they would fall entirely upon the land of one person, or cover his house or yard ; 
and moreover, in many cases, such persons did not own more than one block. In 
order, then, to avoid such difficulties, we were forced to locate some of the public 
lots and squares in places different from those originally designated. 

Your Commissioners also made a personal inspection of all the lots and squares 
selected for public purposes, and ascertained from most of the owners thereof that 
they would deed the lots to the City, whenever called upon, provided the City 
would deed to them her right and title to the balance of their claim. The time is 
passed when it is necessary to support this course by argument. The City has 
pledged its faith by Ordinance No. 822 ; the measure has become part of the settled 
policy of the corporation, and yet the parties interested have not reaped the ben- 
efit of it. Your Commissioners would therefore recommend the appointment of 
two or three suitable persons with authority to receive the deeds of the lots and 
squares selected for public purposes, and to deed the right and title of the City to 
all parties in possession as contemplated by Ordinance No. 822. 

All which is respectfully submitted, April 1 9th, 1856. 

MICHAEL HAYES, 
C. H. GOUGH, 

Commissioners. 
John T. Hoff, City Surveyor. 

In the Board of Assistant Aldermen, April 21st, 1856, received, read, and ordered 
published, and laid over for further consideration. 



294 ADDENDA, NO. CXLVI. 

No. XI. 

Ordinance providing for Receiving Objections to the Report of 
the Commissioners, and action thereon by the Common CotN- 

CIL AND THE COMMITTEE APPOINTED UNDER IT, MAY 5TH, 1856. 

On the twenty-eighth of April, 1856, Alderman Bartlett introduced the following 
resolution, which passed unanimously, in both Boards : 

Joint Resolution 532 — Relative to receiving objections to the adoption of 

the PLAN OF THE WESTERN ADDITION. 

Resolved, That a special Committee of three from each Board be appointed, to 
whom shall be referred the report and accompanying map of the City Surveyor 
and Commissioners, and that said Committee be instructed to meet daily, at the 
office of the City Surveyor, between the hours of three and four o'clock, p.m., for 
one week, for the purpose of receiving objections to the recommendations of said 
Surveyor and Commissioners ; and that said Committee shall advertise said meet- 
ings, inviting all interested to present themselves and make known their desires — 
said Committee to report at the next regular meeting of the Board. 

Passed the Common Council finally, May 5th, 1856. 

WM. H. STEVENS, 

Clerk of the Common Council. 

In the Board of Assistants, the President appointed Messrs. Bartlett, Dow, and 
Wilson, this Committee. In the Board of Aldermen, the President appointed 
Messrs. Corser, Green, and Bryant. 

The Committee gave notice under the above resolution, by advertisement pub- 
lished in the "Alta:" and many of the city papers in their editorial columns 
called attention to the fact of the meeting of the Committee to receive objections. 
Members of the Committee attended daily at the Surve}'or's Office, and at the 
meeting on the fifth of May made the following report — • 

To the Honorable Common Council of the City of San Francisco: 

Your Committee, appointed to attend at the City Surveyor's office, and receive 
objections to the adoption of the Report of the Commissioners appointed to lay off 
the Western Addition, and the plan drawn by the same, beg leave to Report : 

That they have attended to this duty, and up to the present have heard but of 
three complaints. In view of the large number of persons interested, your Com- 
mittee must regard this opposition as entitled to slight regard, and believe the plan 
meets with the general favor of the people of that part of the city. 

They, therefore, respectfully recommend that the accompanying ordinance be 
adopted, which legalizes said plan, and makes provision for its being carried into 
effect. 

Your Committee would further recommend, that the City Supervisors be 
instructed to report to the Common Council the names proposed for the different 
streets and squares, and that the same be first confirmed, or other names adopted 
in their place, before they be officially placed on the map. 

C. J. BARTLETT, 
CHAS. WILSON, 
WM. H. DOW, . 
CHAS. H. CORSER, 
W. GREENE, 
G. W. BRYANT. 



ADDENDA, NO. CXLVI. 295 



No. XII. 

Ordinance reported by the Committee above mentioned (ante, No. 11) 

FOR THE ACTION OF THE COMMON COUNCIL, BUT NOT ADOPTED. MAT 

5th, 1856. 

An Ordinance confirming the report of the Commissioners appointed by the Common 
Council in pursuance of Ordinance No. 845 [ante, No. 6], entitled "An Ordi- 
nance providing for selecting and designating Public Squares for Reservations or 
Hospitals, Fire Engine and School Houses, and other Public Purposes, and for 
adopting the Plan of Streets in the western and south-western portion of the 
City, according to the provisions of Ordinance No. 822, and confirmatory of 
said Ordinance No. 822," passed September 27th, 1855; and authorizing the 
Mayor to execute and deliver, and accept and receive deeds in pursuance of the 
provisions of said Ordinance No 822, entitled "An Ordinance for the settlement 
and quieting of Land Titles in the City of San Francisco," passed June 20th, 
1855. 

Section 1. The Common Council hereby approves the map and plan of streets 
to be laid out within the city limits west of Larkin Street and south-west of John- 
son Street, presented by the said Commissioners, acting in conjunction with the 
City Surveyor, and approves the selections made by said Commissioners of lands 
and lots for public uses, in pursuance of the eighth section of the said Ordinance, 
entitled "An Ordinance for the settlement and quieting of Land Titles," passed 
June 20th, 1855. 

Sec. 2. The streets as represented on the map and plan referred to in the pre- 
ceding section are hereby located and established as public streets, and the several 
lots and parcels of land by the said Commissioners selected as aforesaid are hereby 
dedicated, set apart, and reserved for the several uses as in their said report 
specified. 

Sec. 3. The Mayor is empowered to accept and receive, and cause to be duly 
recorded, the deeds of the city for the said lands and lots, according to section 
eighth of the said Ordinance No. 822, entitled "An Ordinance for the settlement 
and quieting of land titles in the City of San Francisco/' approved June 20th, 1855, 
and to execute and deliver, in the name of the City of San Francisco, deeds of 
release and quitclaim to the several possessors entitled thereto according to the 
provisions of section second of said Ordinance. 

Sec. 4. The deeds so executed and delivered shall be signed as well by the grantee 
or grantees therein named, as by the Mayor, and the said grantee or grantees, 
declaring his or their assent to the conditions of said Ordinance 822, referred to in 
the preceding section, shall on his or their part, release and quitclaim to the City 
of San Francisco all the rights, privileges, and reservations reserved to the city in 
and by the provisions and conditions of the Ordinance last aforesaid. 

Sec. 5. No person shall be entitled to receive a deed under the provisions of 
this Ordinance until he shall have paid up all delinquent taxes and assessments 
levied by the city upon the land released to him, and shall also have executed, 
acknowledged, and paid the expense of recording the deed properly required of 
him for the lands or lots selected from his possession for public uses under the 
provisions of the Ordinance hereinbefore mentioned. 

Sec. 6. Aldermen and Assistant Aldermen are hereby 



296 ADDENDA, NO. CXLVI. 

appointed a joint committee from the Board of Aldermen and Board of Assistant 
Aldermen, who are required to render their advice and assistance to the Mayor in 
the execution of his duties under this Ordinance, but shall not be required to sign 
the said deeds. 



No. XIII. 

Ordinance op the Board op Supervisors op the City and County of San 
Francisco, adopting the Map op the Western Addition, and the lo- 
cation of the Streets, Squares, Avenues, and Lots for public pur- 
poses, reported by the Commissioners appointed under the Van Ness 
Ordinance, Oct. 16th, 1856. 

This ordinance is the same as that set forth in Law LXVI, Chap, page 55, etc., 
of the Statutes of 1858, of "An Act concerning the City of San Francisco, and to 
ratify and confirm certain Ordinances of the Common Council of said city," passed 
March 11th, 1855, and to be found in the Addenda, ante, page 220. Sec No. 
XIV, next following. 



No. XIV. 

The Map of the Western Addition above adopted and approved, 

Is a large map, several feet square, mounted and framed, and remaining of record 
in the office of the City and County Surveyor, bearing the following title and cer- 
tificate, the signatures of Messrs. Gough, Hayes, Hawes, and Hoff, being in their 
handwriting respectively, namely : 



"®itij *rf $>m ivmtlm. 



" For the location and dimensions of the streets, with the lots or grounds selected 
or set apart for the several public uses as herein designated, made, selected, and 
presented for the approval of the Common Council by the undersigned, City Sur- 
veyor and Commissioners, under, and in pursuance of the provisions of an ordi- 
nance of the Common Council of the City of San Francisco, entitled, "An Ordi- 
nance for the settlement and quieting of land titles in the City of San Francisco," 
approved June 20th, 1855; and also an ordinance of the said Common Council, 
entitled, " Ordinance providing for selecting and designating public squares and 
reservations for Hospital, Fire Engine, and School Houses, and other public pur- 
poses, and for adopting the plan of the streets in the western and south-western 
portions of the City, according to the provisions of Ordinance No. 822, and con- 
firmatory of said Ordinance No. 822," approved September 27th, 1855. 

C. H. GOUGH, ) 

MICHAEL HAYES, > Commissioners. 
HORACE HAWES, ) 
John J. Hoff, City Surveyor." 



This ordinance is called an ordinance of the Board of Supervisors, and was 
passed by certain Justices of the Peace, who, by the Consolidation Act, Laws 
1856, Chapter 125, page 75, § 5, were declared by Statute to be a Board of Super- 
visors for the time being. I suppose there can be no doubt that this statutory 



ADDENDA, NO. CXLVIL 297 

delegation was wholly inoperative, and that all the acts of the said Justices of the 
Peace, acting as such Supervisors, were absolutely void. Burgoyne vs. Supervis- 
ors of San Francisco, 5 Cal. Eep., 9, etc. But as the whole Van Ness Ordinance 
was itself wholly and absolutely void until it was confirmed by the Legislature, 
by Laws 1858, page 52, chapter 66, as herein before set forth, ante, Addenda, page 
220, it is of no consequence whatsoever by whom the scheme was matured and 
presented, whether by Justices of the Peace who had no valid authority, or by 
Supervisors lawfully acting as such. 



No. CXLVIL 

THE ABGENTI PATENT. 

Patent from the State op California to FELIX ARGENT! of cer- 
tain Lands at the PRESIDIO of San Francisco, under certain 
claims called "SCHOOL LAND WARRANTS," dated March 
1st, 1854. 

[Argenti's Patent, dated June 27th, 1853, Recorded in Miscellaneous Records, Book 

'•'C,"p. 75.] 

State of California \ 

to 
F. Argenti, Assignee, j 

United States of America, 
State of California. 

To all whom these presents shall come, Greeting : 

Whereas, under the provisions of the Act of Congress of the United States, 
approved the fourth day of September, 1841, entitled "An Act to appropriate the 
proceeds of the sales of the Public Lands and to grant preemption rights/' the 
State of California became entitled to the quantity of five hundred thousand acres, 
to be selected in such manner as the Legislature of the State should direct, out of 
any of the Public Lands of the United States not reserved from sale by law of 
Congress or proclamation of the President of the United States, at any time after 
the said lands are surveyed by the United States ; and whereas, by the Act of the 
Legislature of the State of California, approved on the third day of May, 1852, 
entitled "An Act to provide for the disposal of the five hundred thousand acres of 
land granted to this State by the eighth section of the Act of Congress, approved 
fourth of April, 1841, entitled " 'An Act to appropriate the proceeds of the Public 
Lands and to grant preemption rights/" provisions were made for the location and 
sale of the lands so granted by the United States to the State of California : Now, 
know ye, that under and by virtue of the said recited acts, fractional sections 
thirty-one (31) in township one (1) south range five (5) west, containing four 
hundred and seventeen acres (417), fractional section thirty-six (36) in township 
one (1) south range six (6) west, four hundred and twenty-two (422) acres, the 
north half (£) of section one (1) in township two (2) south range six (6) west, 
three hundred and twenty acres (320), the east fractional half (£) of north-east 



298 ADDENDA, NO. CXLVII. 

fractional quarter (£) of section two (2), in township two (2), south of range west, 
sixty-five (65) acres, the south-east fractional quarter (|) of section thirty-five (35) 
in township one (1) south of range six (6) west, ten (10) acres, the north-west quar- 
ter (|) of section six (6) in township (2) two south of range five (5) west, one hund- 
red and sixty acres (160), the north half (j) of the north-east quarter (£) of section six 
(6) in township two (2) south range (5) west, containing (80) eighty acres, accord- 
ing to the United States survey of said premises within the State of California, have 
been selected and designated as being a portion of the five hundred thousand acres 
thus granted to the State of California, and that said tracts have been taken and 
selected by Felix Argenti as assignee of Emanuel Berri, Frank Soule, George 
Kerr, and George 0. Ecker, by virtue of and in full satisfaction of State 
land warrants No. 138, and dated eleventh of February, 1853, No. 154, dated 
eighth of June, 1852, No. 117, eleventh of March, 1853, No. 178, eleventh of 
March, 1853, No. 457, fourteenth of February, 1853, No. 474, fifth of March, 
1853, in favor of the said Emanuel Berri, Frank Soule, George Kerr, and George 
O. Ecker. And all the requirements of said act having been fully complied Avith, 
he, the said Felix Argenti, assignee as aforesaid, has become entitled to a patent 
from the State of California for the said tract. There is, therefore, hereby granted 
by the State of' California to the said Felix Argenti and to his heirs forever, the 
said described tracts or parcels of land with the appurtenances, to have and to hold 
the said described tracts or parcels of land with all the rights, privileges, and ap- 
purtenances unto the same, belonging or in any wise appertaining unto the said 
Felix Argenti, his heirs, and assigns forever. In testimony whereof, I, John Big- 
ler, Governor of the State of California, have caused these letters to be made 
patent, and the seal of the State of California to be hereunto affixed. 

Given under my hand at the City of Benicia, this twenty-second day of June, in 
the year of our Lord one thousand eight hundred and fifty-three. 

[l.s.] JOHN BIGLER. 

By the Governor. 

J. W. DENVER, 

Secretary of State. 

A true copy of original recorded at the request of F. Argenti, November 7th, 
1853, at two and one-half o'clock, p.m. 

JAMES GRANT, 

County Recorder. 



Register's Office, 

Benicia, California. 

I, William W. Gift, Register, hereby certify that Felix Argenti has this day 
deposited in this office land wan*ants of the State of California issued under a law 
of the State for portions of the five hundred thousand acres of land granted to 
each of the new States, under the Act of Congress of the fourth of September, 
1841, said warrants being Nos. 138, 154, 177, 178, 457, 474, 655, which he, the 
said Argenti, gives notice have been located by him as the agent of the State of 
California, upon the following tracts, pieces, or parcels of land, viz : Tract Sec. 
No. 31, township No. 1, south range No. 5, west tract, Sec. 31, T. No. 1, S. R. No. 
5, W. Tract, Sec. 31, T. 1, S. R. 6 W, N. ^ of Sec. 1, T. 2, S. R. 6 W., E. Tract, 
half of N. E. Tract, Qr. Sec. 2, T. 2, S. R. 6 W., S. E. Tract, Qr. of Sec. 35, 1 



ADDENDA, NO. CXLVII. 299 

S. R. 6 W., W. £ of Sec. No. 6. T. 2, S. R. 5 W., lying and being in the County 

of San Francisco, California, and selected by him, the said Argenti. 
Witness my hand, this first day of March, 1854. 

WM. W. GIFT, 

Register. 

A true copy of original recorded at request of J. C. Bates, April 24th, 1854, at 
eleven a.m. 

JAMES GRANT, 

County Recorder. 



No. CXLVIII. 

CONVEYANCE OF THE U. S. HOSPITAL LOT AND OTHER PROP- 
ERTY AT RINCON POINT, TO THE UNITED STATES. 

On December 10th, 1862, the Common Council of the City of San 
Francisco passed the following Ordinance. 

[Ordinance No. 280.] 
For conveying certain Lots to the Government of the United States. 
The People of the City of San Francisco do ordain as follows. 

That his Honor the Mayor be directed to convey on their behalf, all their right, 
title, and interest to certain six fifty-vara lots, bounded and described as follows. 

On the east by Spear Street, on the south by Harrison Street, on the west by 
First Street, and north by the beach, the whole comprehended within an area of 
one hundred varas by one hundred and fifty varas. 
J. P. HAVEN, 

President Board of Aldermen. 
JAS. DeLONG, 

President of the Board of Assistant Aldermen. 
San Francisco, December 10th, 1852. 

Approved. C. J. BRENHAM, Mayor. 

Mayor's Office, December 9th, 1862. 
I hereby certify the foregoing to be a true copy of an original Ordinance now 
on file in this office. 

Daniel S. Roberts, Clerk. 

And in pursuance of the preceding Ordinance, the Hon. Charles J. Brenham, 
Mayor of the City of San Francisco, afterwards executed and delivered to the 
United States the following deed of conveyance : 

City of San Francisco, 1 
by C. J Brenham, Mayor, 

to f 

United States of America. J 

Whereas, by ordinance No. 280, of the Common Council of the City of San 
Francisco, it was ordained as follows : The People of the City of San Francisco 



300 ADDENDA, NO. CXLVIII. 

do ordain as follows, That his Honor the Mayor be directed to convey on their be- 
half to the United States all their right, title, and interest in and to certain six fifty 
vara lots, bounded and described as follows, on 'the east by Spear street, on the 
south by Harrison street, on the west by Front street, and on the north by the 
Beach; the whole comprehended within an area of one hundred varas by one 
hundred and fifty varas." 

Now, therefore, this deed, made and entered into this eleventh day of December, 
eighteen hundred and fifty-two, by and between the City of San Francisco by 
Charles J. Brenham, the Mayor thereof, party of the first part, and the United 
States of America, party of the second part ; witnesseth, that for and in considera- 
tion of the premises, and of the sum of one dollar to the party of the first part, in 
hand paid by the party of the second part, the receipt of which is hereby ac- 
knowledged, the said party of the first part doth by these presents grant, convey, 
and quitclaim unto the said party of the second part, all the right, title, interest, 
claim, and demand, legal or equitable, in possession, remainder, or reversion of the 
said party of the first part in and to the premises aforesaid and every part thereof, 
which premises are situated and being within the corporate limits of said city, and 
are bounded and described as set forth in said ordinance, to have and to hold the 
said premises, with all the privileges and appurtenances thereunto belonging unto 
the said party of the second part forever. 

In witness whereof, the said Charles J. Brenham, Mayor of said city, on behalf 
of said city, hath hereunto set his hand and caused the official seal of said city to 
be hereunto affixed, the da} r and year aforesaid. 

[l.s.] C. J. BRENHAM, 

Mayor. 

I hereby certify that the copy of Ordinance No. 280, included within the fore- 
going deed, is a true copy of an original ordinance returned by the Mayor to the 
Common Council, with his approval, December 10th 1852. 
San Francisco, December 13th, 1852. 

EDWARD TOBY, 

Clerk of the Common Council. 

State or California, 

County of San Francisco. 

On this fourteenth day of December, 1852, personally appeared before me, Fred- 
erick A. Sawyer, a Notary Public for said county, Charles J. Brenham, Mayor of 
the City of San Francisco, and Edward Toby, Clerk of the Common Council of 
said city, to me known to be the individuals described in, and who executed the 
several instruments above to which their names are subscribed, and acknowledged 
to me that they executed the same freely and voluntarily, and for the purposes 
therein mentioned. 

In testimony whereof I have hereunto set my hand and seal of office, the day 
and year last above written. 

[l.s.] F. A. SAWYER, 

Notary Public. 

The preceding is a true copy of the original recorded at the request of T. B. 
King, December 17th, 1852, 12 o'clock m. 

THOS. B. RUSSUM, 

County Recorder. 



ADDENDA, NO. CXLYIII. 301 

In Hubbard vs. Sullivan, case No. 7953, in the Twelfth District Court, in 
and for the City and County of San .Francisco, and afterwards appealed to the Su- 
preme Court and reported in 18 Cal. Rep., 508, it was held that the preceding in- 
strument was effectual as a license from the City of San Francisco to enter upon 
and hold the lands described in and purporting to be conveyed by it. Whether it 
was operative as a conveyance, or whether the Van Ness Ordinance operated in 
favor of the United States, was not decided; nor do any objections appear to have 
been made to the substantive form of the instrument, or to its mode of execution. 



No. CXLIX. 

CONVEYANCE OF LANDS TO THE "SAN FRANCISCO ORPHAN 
ASYLUM SOCIETY," GENERALLY CALLED THE "PROTEST- 
ANT ORPHAN ASYLUM." 

The City of San Francisco ] 

to | 

Stephen Franklin et als., Trustees }■ 

of San Francisco Orphan Asylum | 

Society. J 

Whereas, the People of the City of. San Francisco did by ordinance of the 
Common Council of said city, passed on the seventh day of April, a.d. 1853, or- 
dain as follows : 

The People of the City of San Francisco do ordain as follows : 
Section 1. That all the right, title, and interest in and to that certain lot or 
parcel of land bounded and described as follows, to wit : Commencing at a stake 
ten hundred and seventy -five varas westerly from Yerba Buena Cemetery, measured 
at right angles to Larkin street ; and eight hundred and seventy-five varas south- 
erly from McAllister street, measured at right angles to said street; thence run- 
ning same course south eight degrees and forty-five minutes east, two hundred and 
twenty-five varas ; thence south eighty-one degrees and fifteen minutes west, one 
hundred and fifty varas ; thence north eight degrees and forty-five minutes west, 
two hundred and twenty-five varas ; thence north eighty-one degrees and fifteen 
minutes east, one hundred and fifty varas to place of commencement — be, and the 
same is hereby given, granted, and conveyed unto Stephen Franklin, F. W. Macon- 
dray, and Amos B. Eaton, as Trustees of the " San Francisco Orphan Asylum 
Society," and to their successors and assigns in that office, for the use and benefit 
of said Society ; and his Honor, the Mayor, is hereby directed to execute and de- 
liver a proper instrument of conveyance therefor. Now, therefore, I, Charles J. 
Brenham, Mayor of said city, in pursuance of said ordinance and in consideration 
of one dollar to me in hand paid, for and in behalf of said city, by Stephen 
Franklin, Frederick W. Macondray, and Amos B. Eaton, of said City, Trustees of 
the " San Francisco Orphan Asylum Society," have renysed, released, bargained, 
sold, and conveyed, and by these presents do remise, release, bargain, sell and 
convey unto the said Franklin, Macondray, and Eaton, as Trustees of said "San 
Francisco Orphan Asylum Society " as aforesaid, and to their successors and as- 
signs all the right, title, interest, claim, and demand, both at law and in equity of 



302 ADDENDA, NO. CL. 

the said City of San Francisco, of, in, and to the said tract or parcel of land in 
said city, as above described in said ordinance, together with all and singular the 
hereditaments and appurtenances thereunto belonging or in anywise appertaining, 
and the reversion and reversions, remainder and remainders, rents, issues, and 
profits thereof, and all estate, right, title, interest, property, possession, claim and 
demand whatsoever, as well at law as in equity of the said City of San Francisco, 
of, in, or to the above described premises, and every part and parcel thereof with 
the appurtenances, to have and to hold all and singular the above mentioned and 
described premises together^with the appurtenances unto the said Franklin, Macon- 
dray, and Eaton, as Trustees as aforesaid, and to their successors in office forever. 
In witness whereof, the said Charles J. Brcnham, in behalf of the said city, has 
hereunto set his hand and the corporate seal of said city, this seventh day of April, 
a.d. one thousand eight hundred and fifty-three. 

[l.s.] C. J. BRENHAM, 

Mayor. 
Sealed and delivered in presence of 

Daniel S. Roberts, 
John Hanna. 

State of California, 
County of San Francisco. 

On the eighth day of April, a.d. 1853, before me, a Notary Public in and for 
said county, personally appeared Charles J. Brenham, Esq., Mayor of the City of 
San Francisco, to me known to be the person described in and who executed the 
foregoing deed of conveyance, and acknowledged to me that he executed the same 
freely and voluntarily, for the uses and purposes therein mentioned. 
"Witness my hand and official seal. 

[l.s.] C. V. GILLESPIE, 

Notary Public. 
A true copy of the original, recorded April 9th, 1853, at 11 a.m., at request of 
S. Franklin. 

THOS. B. RUSSUM, 

County Recorder. 
Per John A. Clark, Deputy. 



No. CL. 

NOTICE OF APPLICATION TO THE SUPREME COURT OF THE 
UNITED STATES, ON THE PART OF THE UNITED STATES, 
FOR A MANDAMUS COMMANDING THE JUDGES OF THE 
CIRCUIT COURT OF THE UNITED STATES, IN AND FOR THE 
NORTHERN DISTRICT OF CALIFORNIA, TO ALLOW AN AP- 
PEAL TO THE SUPREME COURT OF THE UNITED STATES 
FROM THE DECISION OF THE SAID CIRCUIT ^COURT IN 
THE PUEBLO CASE. 

[The Circuit Court having confirmed the claim of the City of San Francisco 



ADDENDA, NO. CL. 303 

for four leagues of Pueblo Land (ante, page 250, No. CXXVI), and both parties 
having moved for an appeal from said decision, and said motions having been 
denied (ante, pages 251, 255, Nos. CXXVII-CXXIX), the District Attorney of the 
United States moved the Supreme Court of the United States for a Mandamus to 
compel the allowance of such appeal, upon the following papers.] 



No. I. 

Notice of Motion for Mandamus. 

Please to take notice, that on an affidavit, with a copy whereof you are herewith 
served, a motion will be made before the Supreme Court of the United States, at 
the next term thereof, to be held at the Capitol, in the City of Washington, on 
the first Monday of December next, at the opening of the Court on that day, or 
as soon thereafter as counsel can be heard, that a writ of Mandamus issue from 
the said Supreme Court to the Circuit Court of the Tenth Circuit of the United 
States, in and for the Northern District of California, therein and thereby com- 
manding the said Circuit Court, or the Judges thereof, to allow an appeal in the 
case, matter, or proceeding mentioned and set forth in the foregoing affidavit, and 
from the judgment, decree, and final decision of the said Circuit Court therein, to 
the said Supreme Court; and for such other and further order in the premises as 
shall be deemed fit and proper. 

Dated, October 16th, 1865. 

Yours, etc., 

DELOS LAKE, 

United States Attorney. 

To the Judges of the Circuit Court, Tenth Circuit. 



No. II. 
Affidavit for Mandamus. 

State of California, 

City and County of San Francisco. 

Delos Lake, United States Attorney for the Northern District of California, 
being sworn, deposes and says : 

That on the second day of July, a.d. 1-852, the City of San Francisco, a body 
corporate and politic, created and existing-by and under the laws of the State of 
California, filed its petition before the Board of Commissioners to Ascertain and 
Settle Private Land Claims in the State of California, praying for a confirmation 
to said city of four square leagues of land upon the peninsula on which said city 
is situated, and including the site of said city ; which said claim was made by said 
city as*successor of the former Pueblo or town of San Francisco, under an alleged 
grant of said four leagues of land to said Pueblo, for municipal purposes, by the 
former governments of Spain and Mexico. That, thereupon and thereafter, such 
proceedings were had by and before said Board of Commissioners, that on the 
twenty-first day of December, a.d. 1854, a decree was entered by said Board of 
Commissioners, confirming to said city a portion of said lands so claimed, but not 



304 ADDENDA, NO. CL. 

the whole of the same, from which decree the said City of San Francisco appealed, 
on the twenty-ninth day of Angust, a.d. 1851 ; and the United States also ap- 
pealed on the second day of June, a.d. 185G, and the transcript on said appeals 
was duly filed in the office of the Clerk of the District Court of the Northern 
District of California, in which district all the lands so claimed are situated, on 
the third day of March, a.d. 1856. That afterwards, and on or about the 

day of the appeal on behalf of the United States was 

dismissed. 

That on the fifth day of September, a.d. 1863, the case was, by an order made 
by the said District Court, and entered in its minutes, transferred to the Circuit 
Court of the United States, in and for the Northern District of California, and the 
said transcript was thereupon filed in the office of the Clerk of said Circuit Court, 
on the fifth day of September, a.d. 1864. That thereupon and thereafter, such 
proceedings were had in and by the said Circuit Court, that on the eighteenth day 
of May, in the year 1865, a decree was made and entered by said Circuit Court, 
confirming the said claim of the said City of San Francisco, to said four 
leagues of land, with certain reservations and exceptions specified in the said 
decree. 

That after the said last mentioned decree had been entered, the United States, 
by its District Attorney of the Northern District of California, moved the said 
Circuit Court, in open Court, on or about the twenty-fifth day of May, 1865, to 
allow an appeal from said decree, to the United States so applying therefor, to the 
Supreme Court of the United States, which motion was, by an order, entered 
in the minutes of said Circuit Court, on the twenty-ninth day of May, a.d. 
1865, peremptorily denied, upon the sole ground that no such appeal was al- 
lowable by law, but that the decree of the said Circuit Court, was final in the 
premises. 

A copy of the final decree is hereto annexed, marked "A " 

A copy of the order dismissing the appeal, is hereto annexed, marked "B." 

DELOS LAKE. 

Subscribed and sworn to, before me, this sixteenth day of October, 1865. 

GEO. H. GORHAM, 

U. S. Commissioner. 

EXHIBIT "A." 

Final Decree Confirming the Claim of the City of San Francisco 
to its Pueblo Lands, Entered May 18th, 1865. 

The City of San Francisco, ) 

vs. V 

The United States. ) 

[This decree is set forth in full, ante, page 250, No. CXXVL] 



ADDENDA, NO. CLI. 



305 



EXHIBIT "B." 

Order entered in the Circuit Court of the United States, denying 
the Motions for Appeals to the Supreme Court of the United 
States, from the Decree confirming the Claim of the City 
of San Francisco to Four Leagues of Pueblo Lands, entered 
May 29th, 1865. 

The City of San Francisco J 

vs. > 

The United States. ) 

[This order is set forth in full, ante, page 255, No. CXXIX.] 



No. CLI. 

OPINION OF THE SUPREME COURT OF THE UNITED STATES, 
ON ITS DECISION AWARDING A MANDAMUS TO ALLOW AN 
APPEAL IN THE PUEBLO CASE. 

Supreme Court of the United States. 



The United States ex rel. the 
Attorney General of the United 
States, Petitioner, 
vs. 

The Judges of the Circuit Court 
of the United States for the 
District of California, Tenth 
Circuit. 



On petition for a mandamus. 



Mr. Justice Nelson delivered the opinion of the Court. 

The question in this case is, whether or not an appeal lies from the decree of the 
Circuit Court which has been rendered under the fourth section of the act of Con- 
gress, passed July 1st, 1864. The provision is that whenever the District Judge of 
any one of the District Courts of the United States for California is interested in 
any land, the claim to which, under the act of 1851, is pending before him on ap- 
peal from the Board of Commissioners, the said District Court shall order the 
case to be transferred to the Circuit Court, which Court shall thereupon take juris- 
diction and determine the same. 

The said District Courts may also order a transfer to the said Circuit Court of 
any other cases arising under said act, pending before them, affecting the title to 
lands within the corporate limits of any city or town, and in such cases both the 
District and Circuit Judges may sit. 

In the present case an appeal was pending in the District Court for the Northern 
District of California from a decree of the Board of Land Commissioners, and 
was transferred from the District Court to the Circuit under the above provision. 

21* 



306 ADDENDA, NO. CLI. 

It was there heard and decided, and the United States, represented by the Attor- 
ney General, which claims to be aggrieved by the decree, applied in due form to 
the Court for an appeal to the Supreme Court of the United States, which appli- 
cation, after full consideration, was denied, on the ground that upon a true con- 
struction of the above fourth section, no appeal had been provided for. 
The question is a nice one in practice, and is not without its difficulties. 
The section itself does not provide for an appeal, and, unless the case is gov- 
erned by some general law, or established practice of the Court derived from acts 
of Congress, the right of appeal cannot be maintained. 

By the 22d section of the judiciary act, in connection with the act of March 3d, 
1803, all judgments and decrees in civil actions, and in suits in equity in a Circuit 
Court, brought there by original processs, or removed there from Courts of the 
several States, or, removed there by appeal from a District Court, maybe re-examined 
and reversed or affirmed in the Supreme Court. It is said that the present case 
was not brought into the Circuit by an appeal from the District Court, and hence 
is not within the provision. 

The case, as we have seen, comes into the Circuit under the fourth section of 
the act of 1864, not by appeal, but by an order of the District Court transferring 
it to the Circuit. 

This fourth section was taken from, or part of it at least, is but a transcript of 
the 11th section of an act of Congress, passed May 8th, 1792. The act provided 
that in all suits and actions in any District Court of the United States in which it 
shall appear that the Judge is in any way interested, or has been counsel for either 
party, it shall be his duty to cause the tact to be entered in the minutes of his 
Court, and order an authenticated copy thereof, with all the proceedings in the 
suit, to the next Circuit Court, which Court shall thereupon take cognizance of 
the case, and hear and determine the same. And a similar provision will be found 
in the act of March 2d, 1809, (2 U. S. St., p. 534) in case of the disability of the 
District Judge to perform the duties of his office during such disability. The 
cases are transferred by the Clerk on the order of the Circuit Judge. And a like 
provision is found in the act of March 3, 1821, (3 U. S. St., p. 643) in case of 
the relationship of the Judge to either of the parties to the suit. 

Now, these acts, as will be seen from their date, have been in force from an early 
period, and it has never been doubted but that the judgments and decrees rendered 
in the Circuit Court were subject to be re-examined, reversed, or affirmed by the 
Supreme Court, as in any other case under the 22d section 6f the judiciary act. A 
case was before us at the present term that had been transferred to the Circuit un- 
der the act of 1792. 

The law providing for the transfer of the case from the District Court to the 
Circuit, was regarded as enlarging the cases provided for in the 22d section ; and 
virtually incorporated therein a removal by transfer, when thus authorized, to the 
Circuit, in addition to the cases of removal by appeal as provided for in that 
section. 

It will be observed that this fourth section of the act of 1864 provides for a corn^ 
pulsory transfer only in the case of an interest of the Judge in the land in contro- 
versy. But suppose he had been counsel in the cause, or disabled by sickness, or 
by eason of relationship to either of the parties, this fourth section does not pro 
vide or the disability. The cases were, however, already provided for by the acts 
of 1792, 1809, and 1821, and they are peremptory, that on the application of the 



ADDENDA, NO. CLI. 307 

counsel of either party, the case shall be transferred to the Circuit Court. The 
construction, therefore, contended for, would present the singular inconsistency of 
a denial of an appeal in case of the interest of the Judge in the subject-matter of 
the controversy ; but its allowance in case of a transfer, when he had been coun- 
sel in the cause, or general disability to discharge his duties, or in case of relation- 
ship to either of the parties. 

The remaining clause of Jhis section makes it optional with the Judge to trans- 
fer other causes arising under the act of 1851, affecting the title to lands within the 
corporate limits of a city or town, and then both Judges may sit. 

But whether the transfer is optional or compulsory, cannot vary its legal effect. 
If made at all, it must be by the authority of the fourth section — by the authority 
of law — the same as in the case of interest of counsel, or general disability of the 
Judge, or from relationship, and falls within the practice applicable to these cases. 

This clause is subject to an additional objection ; for as the transfer is optional, 
and may be granted or not, if the decree or judgment of the Circuit Court is not 
matter of appeal, or writ of error, whether any appeal be permitted or not in the 
case, is within the power of the District Judge. If he retains the case and de- 
termines it, an appeal, it is admitted, lies ; if he tranfers the case, and the decree 
or judgment is in the Circuit, it must be denied. We think Congress could hardly 
have intended this result. It places the right of an appeal, not on the judgment 
of the Circuit Judge who rendered it, but in the discretion of the Judge of the 
District Court. 

It is urged that the proceedings under the act of 1851, concerning California 
land titles, are special, and not to be regarded as cases either in law or equity. 
The law is general, and concerns the title to the whole of the real property of the 
State. Many of the provisions of this law are taken from the act of May 26, 1824, 
which provided for the trial of claims under imperfect Spanish and French grants 
within the State of Missouri, before the District Judge of that district. These 
were grants under the protection of the treaty of San Ildefonzo. The proceed- 
ings were informal, like those under the act of 1851. The claims were to be de- 
termined according to the law of nations, the stipulations of the treaty, the several 
acts of Congress in relation thereto, the laws and ordinances of the government 
from which the titles were derived. The proceedings were regarded as in the na- 
ture of a proceeding in equity, though the analogy was not very close, the decis- 
ion on the claim being in the form of a decree. 

The proceedings under the act of 1851, we think, should be regarded in the same 
light — in the nature of a proceeding in equity. The form of the decision has al- 
ways been in conformity thereto. An appeal is the appropriate mode of bringing 
the case up to the Appellate Court for review, and such has been the uniform prac- 
tice under the act. 

Upon the whole, our conclusion is, that an appeal lies in behalf of the United 
States. 



308 ADDENDA, NO. CLII. 



No. CLII. 

DISSENTING OPINION OF JUSTICES FIELD, GRIER, AND MILLER 
FROM THE DECISION OF THE SUPREME COURT OF THE 
UNITED STATES, AWARDING A MANDAMUS FOR AN AP- 
PEAL IN THE PUEBLO CASE. 

Supreme Court op the United States. 

The City of San Francisco 

vs. 

The United States. 



The United States ex rel. of the I On petition for a mandamus. 
Attorney General 
vs. 
The Circuit Court of the United 
States for the District of Cali- 
fornia, Tenth Circuit. 

Mr. Justice Field dissenting.] 

Unable to concur in the opinion of a majority of the Court, which has just been 
read, I will proceed to give the grounds of my dissent. 

The Supreme Court, by the Constitution, takes its appellate jurisdiction over 
cases " with such exceptions, and under such regulations as the Congress shall 
make." And the designation, by acts of Congress, of the cases to which this 
jurisdiction shall extend, has uniformly been held to be a legislat ve declaration 
that all other cases are excepted from it. Thus inWiscart vs. Dauchy, (3 Dallas, 
327), which was decided as early as 1796, the Court said, that if Congress had not 
provided any rule to regulate its proceedings on appeal, it could not exercise an 
appellate jurisdiction, and, if a rule were provided, the Court could not depart 
from it. And, in Clarke vs. Bazadone, (1 Cranch, 212) it was decided that a writ 
of error did not lie from this Court to the general court for the territory northwest 
of the Ohio, because Congress had not by its legislation authorized such writ. It 
was urged, on the argument, that the judicial power, under the Constitution, 
extended to all cases arising under the Constitution and laws of the United States, 
and to controversies in which the United States were a party ; and that the 
Supreme Court had appellate jurisdiction in all these cases, with such exceptions 
and under such regulations as Congress might make ; that Congress had made no 
exception in that case, which was one arising under the laws of the United States, 
and no regulation was necessary to give the Court the appellate power ; that it 
derived that from the Constitution itself. But the Court- adhered to its previous 
ruling, although observing, at the same time, that from the manifest errors on the 
face of the record it felt every disposition to support the writ. 

In Durousseau vs. The United States, (6 Cranch, 307) the subject was again 
considered, and the Court held, that though its appellate powers were given by the 
Constitution, they were limited and regulated by the judicial act and such other 
acts as had been passed on the subject. " When the first legislature of the Union," 
said Mr. Chief Justice Marshall, in delivering the opinion of the Court, " pro- 
ceeded to carry the third article of the Constitution into effect, they must be under- 



ADDENDA, NO. CLII. 309 

stood as intending to execute the power they possessed of making exceptions to 
the appellate jurisdiction of the Supreme Court. They have not, indeed, made 
these exceptions in express terms. They have not declared that the appellate 
power of the Court shall not extend to certain cases ; but they have described 
affirmatively its jurisdiction, and this affirmative description has been understood 
to imply a negative on the exercise of such appellate power as is not comprehend- 
ed within it." And, in illustration of this principle, reference is made to the pro- 
vision of the law which allows a writ of error to a judgment of the Circuit Court, 
where the matter in controversy exceeds the value of two thousand dollars. 
" There is no express declaration," said the Chief Justice, " that it will not lie 
where the matter in controversy shall be of less value. But the Court considers 
this affirmative description as manifesting the intent of the legislature to except 
from its appellate jurisdiction all cases decided in the circuits where the matter in 
controversy is of less value, and implies negative words." 

It follows, therefore, that the appellate jurisdiction of this court exists only in 
those cases in which it is expressly granted. In conformity with this principle it 
has been held that such jurisdiction does not extend to final judgments in criminal 
cases, it not having been conferred by Congress. A question arising in a criminal 
case can only be brought before this Court for decision upon a certificate of a 
division of opinion between the Judges of the Circuit Court. (Forsyth vs. The 
United States, 9 How., 571.) So, under the judiciary act of 1789, jurisdiction to 
review a judgment or decree of the Circuit Court, rendered in an action brought 
before it from the District Court, on writ of error, was denied, as the act only men- 
tioned judgments and decrees brought before the Circuit Court on appeal from the 
District Court. (United States vs. Goodwin, 7 Cranch, 108.) 

The act of July 1st, 1864, under which the Circuit Court acquired jurisdiction 
over this case makes no provision for an appeal from the decree of the Court, or 
for any re-examination of the decree by the Supreme Court. If an appeal exists 
it must be found in the amendatory judicial act of March 3d, 1803, or in the act 
of March 3d, 1851, to ascertain and settle private land claims in the State of Cali- 
fornia. 

The judiciary act of 1789 only provides for a review, upon a writ of error, of the 
final judgments and decrees of the Circuit Court where the matter in dispute 
exceeds the sum or value of two thousand dollars. It is the act of 1803 which 
extends the appellate power of the Court to a review of final judgments and decrees 
brought up on appeal when the matter in dispute is of the like amount or value ; 
and it limits the review to judgments and decrees rendered in " cases of equity, of 
admiralty and maritime jurisdiction, and of prize or no prize." Subsequent acts 
of Congress have reduced the required amount or value of the matter in dispute in 
some cases — as in suits for the protection of copyrights and patents ; but in none of 
them is there any change in the character of the case in which the judgment or 
decree of the Circuit Court can be reviewed on appeal. Where a review of the 
action of the Circuit Court upon any other matter is intended it is authorized by 
special provision in the act creating the proceeding. 

The question, then, upon the act of 1803 is, whether its terms embrace a proceed- 
ing taken for the ascertainment and settlement of a claim to land derived from the 
Spanish or Mexican governments ? Such a proceeding is not a suit in admiralty, 
of course ; nor is it a suit in equity, as those terms are there used. By those terms 
is meant a regular proceeding in a court of justice for relief on equitable grounds, 



310 ADDENDA, NO. CLII. 

in contradistinction to an action at law for the enforcement of legal rights — a pro- 
ceeding which can only be sustained when plain, adequate, and complete remedy 
cannot be had at law. The act mentions the pleadings by which the suit is to be 
conducted ; it requires a transcript of the bill, answer, and deposition to be trans- 
mitted to the Supreme Court on appeal, clearly indicating the nature of the pro- 
ceeding to which it refers. The proceeding for the confirmation of a California 
land claim is of a very different character ; is governed by different principles, and 
supported by different evidence. It is a proceeding taken under a statute confer- 
ring a peculiar and limited jurisdiction, created for the purpose of enabling the 
government to separate private lands from the public domain, and to discharge its 
political obligations under the treaty of cession. It is in the nature of an inquisi- 
tion of the government, invoked by the petition of the claimant, and governed by 
the stipulations of the treaty, the law of nations, the laws, usages, and customs of 
the former government, the principles of equity, and the decisions of the Supreme 
Court, so far as they are applicable. Though the principles of equity are to con- 
stitute one ground of the decision, the proceeding has nothing in it whatever which 
will justify its designation as a suit in equity, as those terms are used in the act of 
1803. 

The heads of the different departments are often required, by acts or resolutions 
of Congress, to settle claims for losses and liabilities incurred on behalf of the gov- 
ernment, or in the attempted performance of contracts on the principles of equity. 
Thus, in the case of De Groot, who asserted claims for furnishing materials for 
the Washington aqueduct, the resolution of Congress directed the Secretary of 
War to settle the claims "on the principles of justice and equity." (12 Stats., 
874.) Yet, no one would pretend that the proceeding before the Secretary was a 
suit in equity, as these terms are understood in a legal sense. Nor is an application 
for a patent, or a proceeding for the assessment of damages, where private proper- 
ty is taken for public purposes, a suit of that nature. Nor would such special 
proceeding lose its distinctive and special character if, by an act of Congress, it 
was made subject to review on appeal by the District Court of the United States. 
These cases belong to that class of controversies which are properly the subjects of 
administrative regulation, and do not become converted into suits in equity because 
judicial agency is brought in to aid the administrative proceeding. They may be 
submitted to the entire disposition of a board of commissioners without the viola- 
tion of any principle, just as the California land cases are submitted, in the first 
instance, to such board for investigation. 

The Act of March 3d, 1851, does not provide for any consideration by the 
Circuit Court of cases of this character. The jurisdiction over these cases is by 
that act vested, in the first instance, in a board of commissioners, and afterwards, on 
appeal from the decision of the board, in the District Court. From the decrees of 
the District Court, an appeal lies directly to the Supreme Court. The language of 
the act is, that " the District Court * * * shall, on application of the party 
against whom judgment is rendered, grant an appeal to the Supreme Court of the 
United States." 

The act of July 1st, 1864, authorizes a transfer from the District Court to the 
Circuit Court of cases of this kind, where the District Judge is interested in the 
land, the claim to which is pending before him, and also where the case affects the 
title to lands within the corporate limits of any city or town ; but it does not con- 
fer any right of appeal from the action of the Circuit Court in these cases after 



ADDENDA, NO. CLII. 311 

they are transferred. It is contended, however, by counsel, that the right of appeal 
goes with the transfer of the case. 

The argument is, that there is no rule for the decision of the case after it is 
transferred, unless the provisions of the act of 1851, on this point, are considered 
as governing ; and that it is not to be presumed that Congress intended that the 
right of appeal from the decision should depend upon the contingency of the 
District Judge having an interest in the claim, or the fact that some of the lands 
involved are situated within the limits of a corporate city. 

The answer to the first head of the argument is found in the fact that the rules 
prescribed by the act of 1851, would govern independent of their statutory enact- 
ment. Whether a title alleged to have been acquired under the former Govern- 
ment was in fact thus acquired, and entitled to recognition after a change of sover- 
eignty by the new Government, would necessarily depend upon the laws, customs, 
and usages of the former Government, the law of nations, the stipulations of the 
treaty by which a change of jurisdiction was effected, and the considerations which 
should govern a just nation in treating of the property of its newly acquired sub- 
jects, as explained by the highest tribunal of the country. 

And as to the second head of the argument, it may be suggested that it would be 
a reasonable position to assume that Congress, in passing the act in question, 
understood the meaning of the language it used, and recognized the difference 
between the District and Circuit Courts of the United. States, and when it omitted 
to provide any appeal from the decree of the Circuit Court, it intended that none 
should exist. There is no repugnancy between the acts of 1851 and 1864. Read- 
ing them together, it would seem to be clear that Congress intended that when a 
case was decided by the District Court an appeal should lie, but when decided by 
the Circuit Court, its decision should be final. There is nothing singular in a 
provision of the kind, and if there were it is sufficient that such was the will of the 
legislature. In matters of survey, which oftentimes determine the value of the 
whole claim, the decision of the Circuit Court is admitted to be final, made so in 
express terms by the act. Is there any more reason for doubting the disposition 
of Congress to trust to that Court the final settlement of the title, than there is to 
trust the final settlement of the boundaries of the land when the title is confirmed ? 

But it is not necessary to rest this matter upon reasons of this nature. The 
absence of a provision allowing an appeal was not an oversight on the part of 
Congress. It is evident, from the general language of the act, and the object 
sought to be accomplished by it, that it was the intention of the legislature to give 
finality to the action of the Circuit Court. 

The act was designed, as its name purports, to expedite the settlement of titles to 
land in the State. Great delays and embarrassments were found to exist in deter- 
mining the location and boundaries of tracts confirmed after the question of title 
had been adjudicated. The hearing by the District Court of exceptions to surveys 
returned by the Surveyor-General, interposed by parties possessing or asserting 
adverse interests, the taking of depositions, the discussion of counsel, and the 
modifications or new surveys sometimes ordered, necessarily occupied the time 
usually taken by an ordinary suit at law. Then followed the right of appeal to 
the Supreme Court from the action of the District Court, not merely by the 
original contestants to the proceeding, but by third parties intervening, whether 
adjoining proprietors, purchasers under the original grantee, or persons claiming 
by preemption, settlement, or other right under the United States. To obviate the 



312 ADDENDA, NO. CLII. 

delays and expense necessarily attending proceedings of this character, particularly 
as occasioned by the appeal to the Supreme Court, and to relieve that tribunal, 
burdened by a crowded docket, the act limited its jurisdiction to cases in which 
appeals were then pending, and vested jurisdiction in the Circuit Court over cases 
in which appeals might be subsequently taken. When from the decree of the 
District Court, approving or correcting the survey, no appeal had been taken, " no 
appeal," says the act, "to that Court shall be allowed, but an appeal may be 
taken, within twelve months after this act shall take effect, to the Circuit Court 
of the United States, for California, and said Court shall proceed to fully determine 
the matter." 

Following these provisions is the section which directs that when the District 
Judge is interested in any land, the claim to which, under the act of March 3d, 
1851, is pending before him on appeal from the board of commissioners, the case 
shall be transferred to the Circuit Court, "which shall thereupon take jurisdiction 
and determine the same." The act then proceeds as follows : " The said District 
Courts may also order a transfer to the said Circuit Court of any other cases 
arising under said act, pending before them, affecting the title to lands within the 
corporate limits of any city or town, and in such cases both the District and 
Circuit Judges may sit." 

The answer to the last objection will be more obvious if reference is made to the 
circumstances under which the Act of 1864 was passed, as given in the opinion of 
the Circuit Court. These circumstances are not referred to for the purpose of 
controling the construction of the language of the act, but in answer to supposi- 
tions as to the intention of Congress. 

At the passage of the act there were only two cases pending in the District 
Courts of California, with reference to which the authority conferred by the clause 
in question could be exercised — the case of the City of San Francisco, and the 
case of the City of Sonoma, both against the United States. The first case had 
then been pending in the District Court for over eight years. In the mean time 
the city had extended in all directions, and interests of vast magnitude had grown 
up, which demanded that the title to the land upon which the city rested should 
be, in some way, speedily and finally settled. The Land Commissioners had 
adjudged that the claim of the city was valid within certain described limits. The 
United States, through their highest legal officer, had assented to this adjudication, 
and the principal question on appeal before the District Court was as to the addi- 
tional quantity claimed over the quantity confirmed. 

The case of the City of Sonoma had been likewise pending in the District 
Court on appeal for over eight years. In this case the United States had, through 
the Attorney-General, signified their assent to a confirmation of the decree of the 
board, and the principal question on appeal here was also as to the additional 
quantity claimed by the city. 

It was under these circumstances that the law was passed authorizing a transfer 
of these cases to the Circuit Court. If an appeal from its action had been intended, 
no beneficial object would have been accomplished by the transfer, for the same 
delay would follow an appeal from the Circuit Court as would follow an appeal 
from the District Court. Nor can any reason in that view be assigned for allowing 
both the District and Circuit Judges, if they desired, to sit in the hearing of these 
cases. 

The acts of 1792, 1809, and 1821, which authorize a transfer of causes from the 
District Court to the Circuit Court, where the District Judge is interested, or has 



ADDENDA, NO. CLIII. 313 

been counsel in the case, or is disabled from performing the duties of his office, or 
is related to either of the parties, have no bearing upon the question under con- 
sideration. They do not confer any right of appeal from the action of the Circuit 
Court after the cases are transferred, or any right to have such action reviewed on 
writ of error. Such right, when it exists, depends upon the acts of 1789 and 1803 
— that is, upon the nature of the case and the amount or value of the matter in 
controversy ; and the latter act, which is the only one relating to appeals, does not 
cover, as I have endeavored to show, a decree in- the proceeding for the settlement 
of a California land claim, where the right or title is alleged to have been derived 
from the Spanish or Mexican Governments. 

I am authorized by Justices Grier and Miller to state that they concur with me 
in this opinion. 



No. CLIII. 



ACT OF CONGRESS APPROVED MARCH 8TH, 1866, ENTITLED— 

AN ACT TO QUIET THE TITLE TO CEKTAIN LANDS WITHIN 
THE CORPORATE LIMITS OF THE CITY OF SAN FRANCISCO. 

Be it enacted by the Senate and House of Representatives of the United States of 
America, in Congress assembled: 
That all the right and title of the United States to the land situated within the 
corporate limits of the City of San Francisco, in the State of California, confirmed 
to the City of San Francisco by the decree of the Circuit Court of the United 
States for the Northern District of California, entered on the eighteenth day of 
May, 1865, be, and the same are hereby relinquished and granted to the said City 
of San Francisco and its successors, and the claim of the said city to said land is 
hereby confirmed, subject, however, to the reservations and exceptions designated 
in said decree, and upon the following trusts, namely : that all the said land, not 
heretofore granted to said city, shall be disposed of and conveyed by said city to 
parties in the bona fide actual possession thereof, by themselves or tenants, on the 
passage of this act, in such quantities and upon such terms and conditions as the 
Legislature of the State of California may prescribe, except such parcels thereof 
as may be reserved and set apart by ordinance of said city for public uses ; pro- 
vided, however, that the relinquishment and grant by this act shall not interfere 
with, or prejudice any valid adverse right or claim, if such exist, to said land or 
any part thereof, whether derived from Spain, Mexico, or the United States, or 
preclude a judicial examination and adjustment thereof. 

21*A 



314 ADDENDA, NOS. CLIV, CLV. 



No. CLIY. 

DECREE OF MARCH 20th, 1837, GIVING GOVERNORS AND PRE- 
FECTS THE POWER TO DISPOSE OF PUEBLO LANDS. 
FROM ARRILLAGA, RECOPILACION DE LEYES DE 1837, 
PAGES 202-217. 

[This decree of the Sovereign authority of Mexico is recognized in Governors and Pre- 
ects the power to dispose, executively, of Tueblo lands. Many grants, so made by Prefects, 
have been finally confirmed, and this provision, therefore, belongs to the history of the 
corresponding branch of the laws.] 

Reglamento Provisional para el Gobierno Interior de los departa- 

mentos. 

[Provisional Regulation for the Internal Administration of the 

Departments.] 

De los Prefectos: [Concerning Prefects.] 
* * # * 

Art. 77. Arreglaran gubernativamente y conforme alas leyes el repartiraiento 
de tierras comunes en los pueblos del distrito, siempre que sobre ellas no hay a 
litigio pendiente en los tribunales, quedando a los intersados su derecho a salvo 
para ocuvir al gobemador, quien sin ulterior recurso decidera lo mas conveniente, 
de acuerdo con la junta departmental. 

* # # * 

Art. 77. They Cthe Prefects) shall regulate, executively and conformably to 
the law, the distribution of the common lands of the Pueblos of their Districts, 
provided there be no lawsuit pending in the Courts respecting the same ; but this 
shall be without prejudice to the rights of the interested parties to apply to the 
Governor, who, with the concurrence of the Departmental Junta, shall make such 
determination as may be thought most expedient. 

Note.— See the Law of the Cortes of 1813, ante, No. XI, page 20; the comments on the 
same in the Argument, page 39, § 52; the Colonization Laws of 1828 and 1829, ante, No. 
XIV, page 25, §§ 13, 14, 15, 16, and the comments on the same in the Argument, page 41, 
§ 56. The above decree is based upon the Sixth Constitutional Law of 1836, a portion of 
which is given, ante, page 100, No. LXIX. 



No CLV. 

GRANT OF FOUR HUNDRED VARAS SQUARE, AT THE MISSION 
DOLORES, BY GOVERNOR GUTIERREZ, TO FRANCISCO 
GUERRERO, NOVEMBER 3d, 1836. 

Provisionally authorized by the Administrator of the Maritime Custom House 
of Monterey, of Upper California, for the years 1834 and 1835. 

(Signed) Angelo Ramirez. 

(Signed) Castro. 

Revalidated for the two years 1836 and 1837. 

(Signed) A. Ramirez. 

(Signed) Gutierrez. 



ADDENDA, NO. CLYI. 



315 



Monterey, Novem- ) 
ber 4, 1836. J 

Let the Administrator 
of the Mission of San 
Francisco report wheth- 
er the land is vacant, 
and can be granted to 
the petitioner. 

(Sig'd) Gutierrez. 



Dolores, 9th of No-) 
vember, 1836. J 
In compliance with 
the Superior Decree, I 
will say that the land is 
vacant, and in conform- 
ity with the order of 
the deceased General 
Figueroa, it may be 
granted to the person 
interested. 
(Signed) 

Gum'do Flores. 



Senor Commanding General and Governor of the Territory 
of Upper California: 

I, Francisco Guerrero, a Mexican by birth, before your 
Excellency make representation that, being a member of 
the Colony which came to this Territory, and that, as his 
Excellency, the Commanding General, Jose Figueroa, di- 
rected that we should settle whenever we might think prop- 
er, I pray your Ministration, in the use of your power, to 
grant me four hundred square varas, in a marshy place, 
which forms a plan N. N. W. of the Mission, from the 
place where the water springs from the north to the south- 
east, and west to the road of Yerba Buena, according to the 
map which I transmit : for I will receive this favor from 
your Excellency, to make use of said land for my benefit. 

Wherefore, I earnestly pray your Excellency to grant 
that which I request, by which I will receive favor and 
grace, swearing what may be necessary, etc. 

San Francisco, October 28th, 1836. 

FRANCISCO GUERRERO. 



Monterey, November 30th, 1836. 
Having previously seen the report of the Administrator of the Mission of Dolo- 
res, and the Superior order relative to the individuals of the Colony, there are 
granted to citizen Francisco Guerrero, four hundred varas in the place petitioned 
for, according to the present petition. He will, therefore, present this document 
to the Government of the Territory, so soon as the Missions are regulated, that 
the present decree may be respected. 

NICOLAS GUTIERREZ. 

Note.— This grant has been finally confirmed and surveyed. See 1 Hoffman's Rep., 97 ; 
Do.Appendix, No. 229. 



No. CLVI 



GRANT OF TWO HUNDRED AND SEVENTY VARAS SQUARE, AT 

THE MISSION DOLORES, BY MANUEL CASTRO, PREFECT, 

TO FRANCISCO DeHARO, JUNE 2d, 1846. 

Yerba Buena, ) _ _ _ _ ■ 
Nov. 9th, 1845. J 2 o the benor Prefect : 

Let the Senor Sub I, Francisco de Haro, a resident of the jurisdiction of 
Prefect report, first g an Francisco, before your Senor, with due respect, appear 
i g sue mves iga- ^ ^ there being in the immediate neighborhood of 

tions to be made as are -" b & 

my house, to the north, a piece of land which is called La 

Huerta Vieja, on the Establishment of Dolores, which is 
vacant, and desiring to cultivate the same for my own ben- 
efit and that of my family, I apply to your Honor, to the 
end that, in the exercise of your authority, you may be 
pleased to concede me a suerte in said land, for which I 
have, heretofore, made a petition to the Governor of the 



necessary in order to 
ascertain if the lands 
petitioned for are va- 
cant, and if there be 
any reason why they 
should not be conceded 
to the petitioner. 

Manuel Castro. 



316 ADDENDA, NO. CLVII. 

Department, which was reported upon favorably by the Mayordomo of the 
establishment, and which should be in the Archives of the Government at Monte- 
rey : "Wherefore, I pray your Honor to be pleased to provide, in accordance with 
justice, upon this my petition, which is made upon common paper for want of 
that which has a corresponding seal. 
San Francisco, October 30th, 1845. 

FRANCISCO DE HARO. 

Yerba Bdena, November 10th, 1845. 
In view of the foregoing decree, found upon this petition, I say that the peti- 
tioner possesses the necessary requisites ; that the land petitioned for is vacant ; 
and that he has always occupied it. It pertains to the Establishment of Dolores ; 
and, inasmuch as his Excellency, the Governor, issued a decree in relation to mat- 
ters pertaining to the Mission, your Honor may concede him the small piece of 
land for which he petitions for the benefit of himself and family. 

FRANCISCO GUERRERO. 

Monterey, June 2d, 1846. 

In view of the foregoing petition, and of the report of the Sub Prefect of the 
District of Yerba Buena, in exercise of the authorities conferred upon me by the 
law of the twentieth of March, 1837, and in consideration of the services rendered 
by the petitioner, as well also of the occupation that he alleges in his petition, I 
concede to him, in property, the suerte of land for which he petitions in this 
Expediente, in the place called La Huerta Vieja, situated to the northwest of the 
Establishment of the Pueblo of Dolores, as set forth in his petition ; said suerte 
comprehending two hundred and seventy varas square, of which the respective 
Judge will give him the corresponding possession when he may ask the same. 
Let this be returned to the petitioner, in order that it may serve him as a title, 
making registry of the same, in the office of the Prefectura under my charge. 

The undersigned, Prefect of the District, thus decreed, ordered, and signed. 

MANUEL CASTRO. 

Note.— This grant is in the Archives, although it does not belong there, pertaining to the 
class of Pueblo grants, under the law of 1837, ante, No. CLIV. It is said to form a portion 
of the lands described in the grant contained in the preceding No. CLV. It has never been 
presented for confirmation. 



No. CLYII. 

THE CITY SLIP PROPERTY. 

[The legislative and judicial history of the City Slip Property occupies too large a 
place in the history of San Francisco to be entirely omitted. A Digest of references to it 
is accordingly subjoined.] 

No. I. 

The grant of Beach and "Water Lots, purporting to be made by the United 
States, through Gen. Kearny, Military Governor of California, to the town of 
San Francisco, March, 10th, 1847. See ante, Addenda No. LXXII, page 104. 



ADDENDA, NO. CLVIL 317 

No. II. 

An act, purporting to be an act of incorporation of " The Central Wharf Joint 
Stock Company of San Francisco," for ninety-nine years, from May 1st, 1849, 
"for the purpose of building and keeping in repair a wharf, to run from some 
point in Montgomery Street, between Clay and Sacramento streets, to the ships' 
channel, in front of said town/' passed by the Legislative Assembly of the District 
of San Francisco, on May 3d, 1 849, and afterwards amended by said Legislative 
Assembly. See the history of this Legislative Assembly, in Sections 128, 129, of 
the Brief, and ante, in the Addenda, Nos. LXXIII and LXXIV, pages 104-107. 
These pretended acts of incorporation were, of course, utterly void. 

No. III. 

A grant of one hundred varas square, being twelve Beach and Water Lots, num- 
bered from 154 to 165, inclusive, comprising the block bounded by Clay, Battery, 
Sacramento, and Front streets, made May 5th, 1849, by T. M. Leavenworth, 
Alcalde of San Francisco, to Rodman M. Price, " to encourage the building of a 
wharf." [See the Pueblo entries, Book of Grants, in the County Recorder's 
Office.] 

No. IV. 

An ordinance, passed December 24th, 1849, by the Ayuntamiento of the Pueblo 
of San Francisco, confirming "the Act to incorporate the Central Wharf Joint 
Stock Company, of San Francisco, passed May 3d, 1849, by the People of San 
Francisco, represented in Legislative Assembly." [See ante, No. 2, of this Ad- 
dendum.] 

No. V. 

A grant of the lands situated between Clay and Sacramento streets, the ordinary 
high water mark and the water front of said city, made by the State of California, 
by the first Water Lot Bill, to City of San Francisco and the holders under 
Pueblo grants, passed by the Legislature of the State of California, March 26th, 
1851. See ante, No. CXXII, page 265. 

No. VI. 

An ordinance of the Mayor and Common Council of the City of San Fran- 
cisco, approved September 22d, 1851, ordaining: "That the wharf company 
known as the Central Wharf Joint Stock Company, be and are hereby authorized 
to complete their wharf out to deep water, pursuant to their charter confirmed to 
them by the Ayuntamiento, as speedily as possible." 

No. VII. 

An ordinance of the Mayor and Common Council of the City of San Francisco, 
Section 8 of which is in the words and figures following, viz : "§ 8. All the space 
of land and water lying and being between Clay Street and Sacramento Streets, 
and between Davis Street and the deep waters of the Bay, as laid down upon the 
public maps or plans of the city, is set apart and dedicated to the public use, as a 
free public dock, for ships and other vessels : provided, notwithstanding, that 
nothing herein contained shall prevent the Common Council from amending, 
altering, or annulling this grant." Codified Ordinance, approved Nov. 4th> 1852, 
Chap. IV, Title IV, Sec. 8. 



318 ADDENDA, NO. CLVIL 

Wo. VIII. 

An ordinance, purporting to be passed by the Mayor and Common Council of 
the City of San Francisco, approved December 5th, 1853, entitled "Ordinance 
481 — To provide for the sale of certain City Property " — directing the City Slip 
property on each side of Central Wharf, and bounded by Clay, Davis, East, and 
Sacramento streets, to be sold at auction by the Mayor and Joint Committee on 
Land Claims, of the City of San Francisco, purporting to repeal the above dedica- 
tion of said lands, ante, No. 6, of this addendum, of said lands as a city slip. 
See said ordinance, in McCracken vs. City of San Francisco. 16 Cal. Reports, 595. 
A sale at public auction of said City Slip property was accordingly had, in the 
year 1854, by the Mayor and said Joint Committee. 

No. IX. 

A sale by a constable of the said City Slip property, under an execution upon a 
judgment in a Justice's Court against the city, and decided to be invalid in the 
case of Argenti vs. San Francisco, 6 California Reports, 677. 

No. X. 

Decisions of the Supreme Court of the State of California, to the effect that the 
above ordinance, referred to in No. 8, and the sale had under it, were void, because 
said ordinance was not passed by " a majority of all the members elected to each 
Board." San Francisco vs. Hazen, 5 Cal., 169 ; Holland vs. San Francisco, 7 Cal., 
361 ; McCracken vs. San Francisco, 16 Cal., 591 ; Pimental vs. San Francisco, 21 
Cal., 351. 

No. XI. 

" An act to authorize the Treasurer of the City and County of San Francisco 
to execute certain deeds and cancel certain claims ; " Laws 1 858, page 322, and 

"An act conferring additional powers on the Board of Supervisors of the City 
and County of San Francisco," passed May 20th, 1861, (Laws of 1861, page 602) 
authorizing said Board of Supervisors to repeal said ordinance (ante No. 7) and 
sell said City Slip property. 

No. XII. 

"An act to give further powers to the Board of Supervisors of the City and 
County of San Francisco," approved April 17th, 1862, (Laws of 1862, page 265) 
authorizing said Board to adjust all controversies respecting the " City Slip prop- 
erty," and to sell the same " on such terms and conditions as it may deem proper.' 

No. XIII. 

ORDER NO. 547, of the Board op Supervisors of the City and 
County of San Francisco, approved September 16th, 1863, found in Book 2, of 
Orders, page 85, ordaining that certain of the City Slip Lots should be sold at 
auction and further providing as follows : " § 4. All ordinances dedicating the said 
"lots, or any of them, to public use, for any purpose whatever, are hereby 
" repealed ;" and "An Act to provide for the sale of certain property of the State 
"of California, within the Water Line Front of the City and County of San Fran- 
" cisco," approved April 26th, 1858 [Laws 1858, page 323J, § 7 of which lays out 
East Street across the entrance of the City Slip, laid out as above, No. 7, of this 



ADDENDA, NO. CLVIII. 319 

Addenda. Either of these enactments is generally held to repeal the above 
dedication set out in No. 7, of this Addenda. 

No. XIV. 
ORDER NO. 686, op the Board of Supervisors op the City and 
County of San Francisco, " Directing the sale, at public auction, of certain 
City Slip Lots belonging to the City and County of San Francisco," approved 
February 13th, 1866, [Book 2 of Orders, page 146] puts up for sale, on February 
24th, 1866, a number of the City Slip Lots, at the Auction Rooms of Cobb & 
Sinton, 406 Montgomery Street, San Francisco. 

No. XV. 

" An act to provide for the sale of certain Property of the State of California, 
within the Water Line Front of the City and County of San Francisco," approved 
April 26th, 1858, ante, p. 275, No. CXXXIX. Under this act the residuary inter- 
est of the State in the City Slip property was sold at auction, and conveyed by the 
State to the purchasers at such sale. 



No. CLVIII. 

MANDATE OF THE SUPREME COURT OF THE UNITED STATES 
ORDERING AN APPEAL TO BE ALLOWED FROM THE DE- 
CREE OF THE CIRCUIT COURT, CONFIRMING THE CLAIM OF 
THE CITY OF SAN FRANCISCO TO ITS PUEBLO LANDS. 
DATED JANUARY 29, 1866. 

United States of America, ss. 

The President of the United States of America, to the Honorable Judges of the 
[l.s.] Circuit Court of the United States for the Northern District of 
California, Greeting : 

Whereas, lately, in the Circuit Court of the United States for the Northern 
District of California, before you, or some of you, in a cause between the city of 
San Francisco, appellant, and the United States, appellees, an order was entered, 
on the 29th day of May, 1865, denying the motion for an appeal to the Supreme 
Court of the United States, from the decree of said Circuit Court, entered on the 
18th of May, 1865, in said cause. And whereas, at the present term of the Su- 
preme Court of the United States, begun and held at the City of Washington on 
the first Monday of December, in the year 1865, the Attorney General of the 
United States did, on the twenty-second day of December, 1865, being a day of 
said term, file a certain motion, affidavit, and exhibits thereto attached, for a writ 
of mandamus, to be directed to the Circuit Court of the Tenth Circuit, requiring 
and commanding the said Circuit Court, or the judges thereof, to allow an appeal 
on behalf of the United States, in the said cause, from the decree of the said Circuit 
Court therein, to the said Supreme Court of the United States, and for such other 



320 ADDENDA, NO. CLIX. 

and further order in the premises as shall be deemed fit and proper. And whereas, 
afterwards, to-wit : at the same term of the said Supreme Court, the said motion 
coming on to be heard, on the affidavit and exhibits thereto attached, and upon the 
arguments Of counsel thereupon had, as well in support of as against the same, 
it is considered, ordered, and adjudged by the said Supreme Court that the writ of 
the United States issue, requiring and commanding the Judges of the Circuit 
Court of the United States, for the Northern District of California, to allow an 
appeal, as prayed for, in the case of The City of San Francisco vs. The United 
States, from the decree of the said Circuit Court, entered in said cause on the 
eighteenth day of May, 1865, and to issue all and every process necessary to perfect 
said appeal : You, therefore, are hereby commanded that immediately after the 
receipt of this writ, and without delay, you do allow the appeal in said cause, on 
behalf of the United States, as according to right and justice, and the laws of the 
United States, so that complaint be not again made to the said Supreme Court; 
and that you certify perfect obedience and due execution of this writ to the said 
Supreme Court, to be held on the first Monday of December next, and return then 
and there this writ. 

Witness the Honorable Salmon P. Chase, Chief Justice of said Supreme Court, 
the twenty-ninth day of January, in the year of our Lord one thousand eight hun- 
dred and sixty-six. D. W. MIDDLETON, 

Clerk Supreme Court U. S. 



No. CLIX. 

ORDER OF THE CIRCUIT COURT OF THE UNITED STATES 
OF THE TENTH CIRCUIT, IN AND FOR THE NORTHERN DIS- 
TRICT OF THE STATE OF CALIFORNIA, ALLOWING AN 
APPEAL, ON THE PART OF THE UNITED STATES, FROM 
THE DECREE IN THE PUEBLO CASE, ON JUNE 12th, 1866. 

The City of San Francisco 

vs. 

The United States. 

On reading the mandate of the Supreme Court of the United States, bearing 
date on the twenty-ninth day of January, one thousand eight hundred and sixty- 
six, directed to the Judges of this Court, commanding them to allow an appeal on 
behalf of the United States, to the Supreme Court, from the decree of this Court, 
entered in the above entitled cause on the eighteenth day of May, one thousand 
eight hundred and sixty-five, it is ordered, in obedience to said mandate, that an 
appeal to the Supreme Court, on behalf of the United States, from the decree of 
this Court in the above entitled cause, entered on the 18th day of May, one thou- 
sand eight hundred and sixty-five, be and the same is hereby granted, and that a 
certified transcript of the record of the proceedings in the said cause be sent to the 
said Supreme Court without delay. 

San Francisco, June 12th, 1866. 



ADDENDA, NO. CLX. 321 



No. CLX. 

GRANT OF FOUR HUNDRED VARAS SQUARE AT THE MISSION 
DOLORES BY THE HON. HORACE HAWES, PREFECT OF SAN 
FRANCISCO, TO EDWARD CARPENTER, DATED JANUARY 

20th, 1850. 

To the Honorable Horace Hawes, Prefect of the District of San Francisco : 

Prefecture oe San The undersigned, Edward Carpenter, a citizen of the 
Francisco, United States, resident in the Mission of Dolores, respect- 
Jan. 2d, a.d. 1850. fully represents that he is desirous of having a certain lot of 
The annexed petition i atl( | lying in said Mission, for the purpose of cultivation, 
Guer?er d ^^Sud and es P ecia11 ^ for the P ur P ose of building a dwelling house 
Prefect, who will'report an( ^ establishing a manufactory of bricks thereon, that is to 
whether the land asked say, that lot of land lying westerly of the four hundred vara 
for be vacant, and if lot of Don Francisco Guerrero, and bounded as follows, viz : 
there exist no opposing beginning at the southwesterly corner of said four hundred 

f, . , . r . ,. * T vara lot of Don Francisco Guerrero at the back of the build- 

the said laud, the Jus- . 

tice of the Peace at the in » s °f tbe Mission, thence running northerly along the west- 
Mission of Dolores will erly line of Guerrero's lot, four hundred varas, to a stake, 
make a grant thereof thence running westerly at right angles four hundred varas 
conformable to the t0 a stake, thence running southerly at right angles, four 

7^ i ' hundred varas to a stake, and thence running easterly at 

and the laws. ' & J 

Horace Hawes right angles four hundred varas to a stake at the place of 
Prefect. beginning, all of which land is public land, and neither oc- 
cupied nor claimed by any other party, and that the whole of said land is neces- 
sary to the establishment of said manufactory in order to furnish wood and clay 
therefor. Wherefore your petitioner prays that you will grant him the aforesaid 
lot of land, he performing the legal conditions which such grant shall impose 
upon him. 

EDWARD CARPENTER. 
Mission Dolores, Dec. 27th, 1849. 



Establishment of Dolores, January 8th, 1850. 
Sub Prefecture of the District of San Francisco. 

In virtue of the superior decree attached to the present petition, I have the honor 
to state that the land which is requested formerly belonged to the Mission of Do- 
lores, and by an order of the Departmental Government of California, powers 
were issued to the Justice of the Peace of this jurisdiction to make grants of lots, 
but not to exceed fifty square varas, in consequence of the limited space for a 
Township, and that the Government reserved to itself the powers to make larger 
grants. His Honor the Prefect will therefore, if he deems it expedient, sanction 
the present request after due investigation by the Justice of the Peace, as these 
lands are not yet surveyed, who will inform himself by some of the inhabitants of 

22* 



322 ADDENDA, NO. CLXI. 

the vicinity, and the title of the adjacent lands of this petition does not interfere 
with previous rights, for which reasons he will be pleased to submit the present to 
the corresponding authority. 

FRANCISCO GUERRERO, 
Sub Prefect. 



If the land is vacant and the applicant is a citizen of the United States, let the 
grant be made without prejudice to any prior and better right and title, and subject 
to the superior title of the United States. 

HORACE HA WES, 
Prefect. 

Note —This espediente is not archived in the Mexican Archives of California, as it could 
not regularly be, because it did not belong to the Archives of the Department of Califor- 
nia, but only to those of the Prefecture of San Francisco. There is no doubt of its genu- 
ineness. It is followed in the original by a grant made to the said applicant, of the said 
lands by F. P. Tracy, Justice of the Peace. But, as has been heretofore shown, ante Argu- 
ment, § 90, and authorities there cited, Justices of the Peace had authority to grant lands in 
those cases only where there was no Ayuntamicnto existing in the Pueblo, and Tracy, 
Justice of the Peace, had no power in this instance, because there was an Ayuutamiento 
existing in San Francisco in full vigor at that time. Ante, Argument, page 90, § 130, page 92, 
§ 132- The grant purporting to be made by Tracy was therefore superfluous, and the grant 
made by Prefect Hawes was within the powers of Prefects, as set forth ante, page 314, Ad- 
denda No. CL1V, Art. 77. This grant is herein stated, not only for purposes of general in- 
formation and illustration, but as a cogent enforcement of the proposition that all classes of 
citizens concurred in the assertion of the claim of the Pueblo to its four square leagues of 
land; for Ave here find an eminent American lawyer, acting as Prefect under the Hispano- 
Mexican laws, assuming to grant lands, which he could not do if they were public lands of 
the United States, for by the change of sovereignty the public land system of California 
was changed to that of the United States, and no Prefect could make any grant of any por- 
tion of them. Prefect Hawes, therefore, assumed to grant this four hundred varas square 
of the Pueblo of San Francisco, under the law of the Cortez of 1813, which authorized these 
Pueblo lands to be distributed in parcels in private ownership, ante, page 20, No. XI, and 
the subsequent superior decree, March 20, 1837, which authorized Prefects to make such 
distribution. Ante, page 314, No. CLIV, Art. 77. It was therefore only because these lands 
were Pueblo lands that Prefect Hawes thus assumed to distribute them, as charged with 
that function by the laws of Cortez of 1813, which, as a merely municipal law, had survived 
not only the Mexican Revolution, but also the conquest of the country by the Americans. 



No. CLXI. 

CHAP. DXXV.— AN ACT TO AUTHORIZE THE COMMISSIONERS 
OF THE FUNDED DEBT OF THE CITY OF SAN FRANCISCO 
TO COMPROMISE WITH ADVERSE CLAIMANTS TO CERTAIN 
LOTS, APPROVED APRIL 2», 1866. Laws 1865-6, page 686. 

"Whereas, pursuant to the provisions of Section twelve of an act entitled " An 
Act to authorize the Funding of the Floating Debt of the City of San Francisco , 
and to provide for the Payment of the same," passed May first, in the year eighteen 
hundred and fifty-one, certain real estate formerly held by the Town or City of 



ADDENDA, NO. CLXII. 323 

San Francisco was conveyed by the Commissioners of the Sinking Fund, mentioned 
in said section of said act, to the Commissioners of the Funded Debt of said City 
of San Francisco ; and whereas, it is alleged that certain lots or parcels of said 
real estate have never been sold, leased, dedicated, reserved, or conveyed by the 
said Commissioners of the Funded Debt, but are held or claimed adversely by 
persons who have purchased the same in good faith and for a valuable considera- 
tion; therefore, 

The People of the State of California, represented in Senate and Assembly, do enact as 
follows : 

Section 1. The said Commissioners of the Funded Debt of the City of San 
Francisco, or a majority of them, are hereby authorized and empowered, by and 
with the consent of the Board of Supervisors, to sell at either public or private 
sale, and convey by deeds properly executed under their hands and seals, any lot 
or lots described in the conveyance by the Commissioners of the Sinking Fund to 
the said Commissioners of the Funded Debt, to any person or persons claiming 
the same, or claiming a title thereto by purchase for a valuable consideration, or 
by a devise or descent; provided, that no such sale or conveyance shall be made 
for a sum less than fifteen per cent, of the assessed value of the property so sold or 
conveyed. 

Sec. 2. Any sale and conveyance made in pursuance of the authority herein 
conferred, shall transfer to the grantee or grantees all the rights of said Commis- 
sioners of the Funded Debt and of said City and County of San Francisco, but 
shall not impair the rights of persons who claim any portion of said property 
adversely to said City and County of San Francisco ; and nothing in this act shall 
be construed to authorize the sale or conveyance of any real estate, except that 
described in the conveyance above referred to as made by the Commissioners of 
the Sinking Fund to the Commissioners of the Funded Debt. 



No. CLXII. 

AN ACT TO PROVIDE FOE, THE SALE OF THE MARSH AND 
TIDE LANDS OF THIS STATE, APPROVED MAY 14th, 1861. 

The People of the State of California, represented in Senate and Assembly, do enact 
as follows : 
Section 1. The sales of all Marsh and Tide Lands belonging to this State, 
that have been made in accordance with the provisions of any of the acts of the 
Legislature, providing for the sale of the swamp and overflowed lands belonging 
to this State, are hereby ratified and confirmed ; and any of said marsh and tide 
lands that remain unsold may be purchased under the provisions of the law now 
in force, providing for the sale of the swamp and overflowed lands of this State ; 
and all money derived from the sale of such lands shall be paid into the State 
Swamp Land Fund, to be used for the reclamation of the swamp and overflowed 
lands ; provided, no marsh or tide lands, located within five miles of the City of 
San Francisco, or of the City of Oakland, or within one mile and one half of the 



324 ADDENDA, NO. CLXIII. 

State Prison grounds, at Point San Quentin, shall be sold, or purchased, by 
authority of this act ; and provided, further, that no sales of lands, either tide or 
marsh, excepting Alcalde grants, which are hereby ratified and confirmed, within 
five miles of said cities, or within one mile and one-half of the State Prison grounds 
aforesaid, shall be confirmed by this act. 

Sec. 2. This act shall take effect from and after its passage. 

Note.— It has been asserted that the words " either tide or marsh, excepting Alcalde 
grants which are hereby ratified and confirmed," were fraudulently interpolated in this 
act, after its passage by the Legislature, and before it was signed by the Governor, and 
that these words are therefore no part of the statute. On this subject see "Reports of 
Joint Committee in regard to an alleged fraudulent interpolation in Senate Bill No. 73, 
'An Act to provide for the sale of the Marsh and Tide Lands of this State, approved May 
14th, 1861,' " Appendix to Journals of Senate and Assembly for 1802, No. 14. But in the 
case of the People by F. M. Pixley, Attorney General, on the relation of Teschmacher vs. 
Dennis, decided by the Supreme Court of this State, in January Term, 1866, reported in the 
Sacramento " Daily Union," of February 21st, 1866, and which will probably be reported 
in 29 Cal. Reports, it Avas held that the term " tide lands," as used in this act, does not 
embrace lands which are always below the line of low tide. As to the effect of the alleged 
interpolation, see Sherman vs. Story, Sup. Ct. California, July Term, 1866. 



No. CLXIII. 

REFERENCES TO GRANTS, LEGISLATIVE, EXECUTIVE, AND OTH- 
ER ACTS, AFFECTING, OR WHICH MAY BE CLAIMED TO 
AFFECT THE LANDED PROPERTY WITHIN THE CITY OF 
SAN FRANCISCO. 

The landed property of the City of San Francisco may be divided into three 
classes : 

I. PUEBLO LANDS. 
II. WATER LOTS. 
III. ISLANDS. 

The following is a list, more or less complete, of grants, documents, legislative, 
executive, and other acts, affecting, or which may be claimed to affect these dif- 
ferent kinds of property. Some of them have been affirmed by legislative, exec- 
utive, or judicial acts, and are now beyond controversy ; some have been rejected 
by the courts ; others are void on their face, or are palpable forgeries, but there is 
hardly one of them which may not be adopted as the basis of a claim in private 
ownership ; and the effect of the legislation of the last fifteen years upon city titles 
has, as yet, been determined in but a small degree by the Courts. It is therefore 
convenient to have these acts ranged in a list in a form convenient for consulta- 
tion. The completeness of the following one is not vouched for, but it is believed 
to be accurate so far as it goes. Some of these claims are certainly amphibious 
in their character, and are therefore repeated in two or more classes. 



ADDENDA, NO. CLXIII. 325 



I. PUEBLO LANDS. 

These lands are the four square leagues belonging to the Pueblo as its patrimony, 
which were confirmed to it by the decree of the Circuit Court of the United 
States, and extend to ordinary high water mark, and therefore include the swamp 
and overflowed lands. See the decree, ante, page 250, No. CXXVI; People vs. 
Morrill, 26 Cal., 336; United States vs. Pacheco, 2 Wallace, 587. 

The grant of house and sowing lots made out of these lands within the Pueblo, 
I regard as made by "the lawful authorities thereof," whether made by Ayunta- 
miento, Alcalde, Justice of the Peace, Prefect, or Governor; provided, the respec- 
tive officer had the requisite authority to act in the given case, and that therefore 
it was not necessary for the party interested under such grant to present his petition 
for confirmation to the California Land Commission, under § 14, of the "Act to 
ascertain and settle Private Land Claims in the State of California," cited in the 
Argument, page 98, § 136. If it was so presented and rejected, I do not pretend to 
determine the legal effect of the proceeding. The grants made of large tracts such 
as the Rancho San Miguel, ante, No. LXIV, page 92 ; Las Salinas, ante, No. 
XL VI, page 64; and La Laguna de la Merced, ante, No. XXVI, page 38, I do 
not regard as grants made under the Colonization Laws, ante, Nos. XII and XIV, 
pages 23-25, but as distributions of Pueblo Lands, made under the Law of the 
Cortez of 1813, ante, No. XI, page 20, which was a municipal law, surviving the 
Mexican Revolution of 1824. See the Argument, page 39, § 52, and also Brown 
vs. San Francisco, 16 Cal., 451, both arguments of counsel and opinion of the 
Court, and Addenda No. CLXVI, page 337, " Leyes Vigentes." 

ACTS RELATING TO THE PUEBLO LANDS. 

1. Grant of the Laguna de la Merced, one league and half a league, by Gov- 
ernor Castro to Galindo, in 1865 ; finally confirmed : 1 Hoffman's Rep., Appendix, 
No. 102 : ante, page 38; Addenda, No. XXV. 

2. Grant of 100 varas square on the beach in Yerba Buena, to William Rich- 
ardson, by the Ayuntamiento in 1836 ; ante, page 53, Addenda, No. XXXIV. 

3. Grant of the Ojo de Agua de Figueroa, 100 varas square near the Presidio, 
by Prefect Castro to Miranda, 1838; ante, page 55, No. XXXVI; and finally 
confirmed. 1 Hoffman's Rep., Appendix, No. 310. 

4. Grant of the Rancho Las Salinas, one square league, by acting Governor 
Jimeno to Bernal, in 1839; ante, page 64; No. XL VI; confirmed and patented. 
1 Hoffman's Rep., 50 ; id. Appendix, No. 30. 

5. Grant of the Rancho la Visitacion to Leese by Governor Alvarado in 1841 ; 
ante, page 67; finally confirmed. 1 Hoffman's Rep., Appendix, 142, 745. 

6. Grant of 50x100 varas at the Canutal, by Guerrero, Justice of the Peace, to 
Vioget, in 1840; ante, page 69. 



326 ADDENDA, NO. CLXIII. 

7. Grant or license of the Potrero Nuevo de San Francisco, one half square 
league, in San Francisco, by Governor Micheltorena to De Haro, in 1844; ante, 
page 86 ; 1 Hoffman's Rep., Appendix, No. 101 ; rejected by the District Court, 
and pending on appeal in the Supreme Court of the United States. 

8. Grant of the Rancho San Miguel, one square league, in San Francisco, by- 
Governor Pico to Noe, in 1845 ; ante, page 92, No. LXIV; finally confirmed and 
patented ; 1 Hoffman's Rep., Appendix, No. 17. See also Brown us. San Francisco, 
16 Cal., 451. 

9. Espediente of Fitch and Guerrero for 3000 varas [square] at the Mountain 
Lake and on Lobos Creek, in San Francisco, in 1845; espediente never completed, 
and claim finally rejected; ante, page 95, No. LXVI; 1 Hoffman's Rep., 272 ; lb. 
Appendix No. 268. 

10. Espediente of Diaz for two leagues of land at Point Lobos ; claim finally 
rejected. Ante, page 10; 1 Hoffman's Rep., 249; lb. Appendix, No. 515; Palmer 
vs. The United States, 24 Howard U. S. Rep., 125. 

11. Grants of house lots made by municipal authorities between the years 1835 
and July 7, 1846. Ante, page 113, No. LXXVIII ; 163, No. LXXXVI. 

12. Alleged grant of four leagues of land by Gov. Micheltorena, in 1843, 
to Limantour, finally rejected. Ante, page 173, No. XC; 1 Hoffman's Rep., 389 ; 
lb. Appendix, No. 584. 

13. Alleged grant of three square leagues of land at the Mission Dolores, by 
Governor Pico, in 1846, to "Santillan ; claim rejected by the Supreme Court of the 
United States. Ante, page 175, No. XCII; 1 Hoffman's Appendix, No. 81 ; The 
United States vs. Bolton/23 Howard's U. S. Rep., 321. 

14. Grant of 600 varas square, at the Mission Dolores, by Governor Pico, in 
1846, to Andrade; rejected by the District Court, and pending on appeal in the 
Supreme Court of the United States. Ante, page 176, No. XCIII; 1 Hoffman's 
Rep., Appendix, No. 94. 

15. Grant of eight hundred varas square, on Rincon Hill, to Sherreback 
in 1845 ; pending in District Court. Ante, page 178, No. XCV ; 1 Hoffman's Rep., 
Appendix, No. 795. 

16. Alleged grant of one league of land, at San Francisco, by Governor Mich- 
eltorena to Marchena, 1 844 ; not archived or presented for confirmation. Ante, page 
179, Addenda, No. XCVI. 

17. Alleged grant to Pina, of lands at Point Lobos by Governor Pico, in 
1845; not fully archived, nor ever presented for confirmation. Ante, page 182, 
No. XCVII. 

18. Grant to Leese and Salvador Vallejo of two hundred by six hundred varas, 
at the landing place in Yerba Buena, by Governor Alvarado, in 1839 ; finally con- 
firmed and patented. Ante, page 183, No. XCVIII; 1 Hoffman's Rep., Appen- 
dix, No. 74. 



ADDENDA, NO. CLXIII. 327 

19. Grant by Governor Alvarado, in 1840, to Noe, of the Camaritas, two 
hundred by three hundred varas ; finally confirmed. Ante, page 186, No. XCXI; 
I Hoffman's Rep., Appendix, No. 629. 

20. Lands situate at the Mission Dolores, patented to Bishop Joseph Sadoc 
Alemany, as corporation sole, representing the Roman Catholic Church ; consist- 
ing of the Church and Mission Buildings, the Cemetery adjoining, the old Mission 
Garden; and the old Mission Orchard opposite. Ante, page 206, No. CIX; 1 
Hoffman's Rep., Appendix, No. 609. 

21. Presidio Reservation at the Presidio of Sao Francisco, Eort Point, and 
Point San Jose (Black Point) supposed to embrace three thousand varas square. 
See the Argument, Sec. 119 ; ante, Addenda, No. CXIII, page 221. 

22. Government Reservation at Rincon Point, including the Marine Hospital 
lot and lots conveyed to the United States by the City of San Francisco. Ante, 
page 258, Addenda, No. CXXXI. 

23. Grant of four hundred varas square, at the Mission Dolores, to Francisco 
Guerrero. Ante, page 314, Addenda, CLV; finally confirmed. 1 Hoffman's Rep., 
Appendix, No. 229. 

24. Grant of two hundred and seventy varas square, at the Mission Dolores, 
by Prefect Manuel Castro to Francisco De Haro. Ante, page 315, No. CLVI. 
Not presented for confirmation. 

25. Grant of two hundred yards square, at the Mission Dolores, made by 
Prefect Mariano Castro to Toribio Tanfaran; finally rejected. 1 Hoffman's 
Rep., Appendix, No. 29. 

26. Grant of two hundred varas square, at the Mission Dolores, by Prefect 
Mariano Castro to Eustaquio and Jose Ramon Valencia, in 1845; finally rejected. 
1 Hoffman's Rep., Appendix, No. 33. 

27. Grant of fifty varas square by Governor Alvarado to Calendario Valencia, 
November 18th, 1840; finally confirmed. 1 Hoffman's Rep., Appendix, No 34. 

28. Grant of one hundred varas square, at the Mission Dolores, by Governor 
Alvarado, to Calendario Valencia, May 18th, 1841. See 1 Hoffman's Rep., Appen- 
dix, No. 34|. 

29. Grant of fifty varas square by Francisco Sanchez, Justice of the Peace, 
to Carlos Moreno, October 12th, 1842; finally confirmed. 1 Hoffman's Rep., 98 ; 
lb. Appendix, No. 603. 

30. Grant of two fifty vara lots, in San Francisco, by Governor Pico to 
Stephen Smith, in 1845 ; finally rejected. 1 Hoffman's Rep., Appendix, No. 604. 

31. Grant of two hundred varas square, at the Mission Dolores, by Governor 
Figueroa to Jose Cornelio Bernal, in 1834 ; finally confirmed. 1 Hoffman's Rep., 
Appendix, No. 671 and 682. 



328 ADDENDA, NO. CLXIII. 

32. Grant of two hundred varas square, in San Francisco, made by Governor 
Jose Castro to Jose Joaquin Estudillo, in 1835; finally rejected. Hoffman's 
Eep., Appendix, No. 811. 

33. Donation to actual occupants, made by the so-called Van Ness Ordi- 
nance. Ante, pages 216, 285, Nos. LXVI and CXLVI. 

34. Lands claimed at or near the Presidio of San Francisco, by virtue of the 
so-called Argenti Patent, issued by the Governor of California, in 1854, under a loca- 
tion of school warrants. Ante, page 297, No. CXLVI. 

35. Lands granted by the City of San Francisco to the Protestant Orphan 
Asylum, in 1853. Ante, page 301, No. CXLIX. 

36. Lands granted by the City of San Francisco to the Commissioners of the 
Sinking Fund of said city, December 25th, 1850. Ante, page 192, No. CIV. 
Held to be void in Smith vs. Morse, 2 Cal., 524; Heydenfeldt vs. Hitchcock, 15 
Cal., 514. But the Commissioners of the Sinking Fund were thereafter made 
forced agents of the City of San Francisco to convey to the Commissioners of the 
Funded Debt all the property of said City, (ante, page 197, No. CVI) and did 
immediately thereafter convey to said Commissioners of the Funded Debt all of 
the property which purported to have been conveyed to them. (See ante, page 
199, No. CVII.) Afterwards, an act of the legislature was passed confirming all 
sales and conveyances made by the Commissioners of the Sinking Fund, which is 
supposed to have operated on certain property included in the conveyance by the 
city to them, and conveyed by them to private purchasers, but not included in the 
conveyance by them to the Commissioners of the Funded Debt; but I am not 
informed as to the description of any such property. See ante, page 282, No. 
CXLIV. 

37. Lands conveyed by the Commissioners of the Sinking Fund of the City 
of San Francisco to the Commissioners of the Funded Debt of the City of San 
Francisco, in 1851. Ante, page 199, No. CVII. 

38. Act of the Legislature of the State of California, of 1857, making valid 
conveyances executed by a majority of the Commissioners of the Funded Debt 
of the City of San Francisco. Ante, page 277, No. CXLI. 

39. Act of the Legislature of the State of California, of 18*62, authorizing the 
Commissioners of the Funded Debt to compromise and settle with persons in ad 
verse possession of lands conveyed to said commissioners. Ante, page 282, No. 
CXLV. 

40. "An act to authorize the Commissioners of the Funded Debt of the 
City of San Francisco to compromise with adverse claimants to certain lots," 
passed April 2d, 1866. Laws 1865-6, page 686, chap. 525. Ante, page 321, No. 
CLX. 

41. An act authorizing the City and County of San Francisco to convey 
lands to the United States at Point Lobos for a Light House, passed March 17th, 
1858. • Ante, page 277, No. CXL. I cannot ascertain that any conveyance has 
ever been made under this Act. 



ADDENDA, NO. CLXIII. 329 

42. Lands held by the Board of Education of the City and County of San 
Francisco, or claimed by others under grants made by said Board of Education 
under the statutes establishing said Board, and defining its powers. Laws 1863, 
page 601, class 398, Sec. 2, Subdivisions seven, eight, and nine, and other similar 
laws. 

43. Conveyance of the real estate occupied by the Deaf and Dumb and 
Blind Asylum to the State, under an act to authorize the City and County of San 
Francisco to convey certain real estate to the State of California. Laws of 1863-4, 
page 260. 

44. Claims of William Alvord, his associates and assigns, to submerged, and 
tide and marsh lands, at the Potrero Nuevo, under "An Act to authorize the sale 
and conveyance to William Alvord, his associates and assigns, of certain over- 
flowed lands in the City and County of San Francisco." Laws 1865-6, page 
841. This is supposed to include lands both above and below high water mark. 

45. Claims of the Golden City Homestead Association to certain swamp and 
overflowed lands, under the provisions of "An Act to authorize the sale and 
conveyance to the Golden City Homestead Association, of certain overflowed 
lands in the City and County of San Francisco." Laws 1863-4, page 463. This 
is supposed to include lands both above and below the ordinary high water mark. 

46. Claims of the North San Francisco Homestead Association to certain 
overflowed lands, under the provisions of " An Act to authorize the sale and con- 
veyance to the North San Francisco Homestead and Railroad Association of cer- 
tain overflowed lands in the City and County of San Francisco." Laws of 
1863-4, page 482. This is supposed to include lands both above and below ordi- 
nary high water mark. 

47. Claims of private persons under conveyances from the Commissioners of 
the Funded Debt of the City of San Francisco, under the various acts and pro- 
ceedings for that purpose. Ante, page 197, No. CVI; page 192, No. CVII; page 
277, No. CXLI; page 282, No. CXLIV; page 282, No. CXLV; page 321, No. 
CLX. 

48. Sales and conveyances made by the Sheriff of the County of San Fran- 
cisco of portions of the Pueblo [upland] lands of the City and County of San 
Francisco upon judgment against the City of San Francisco in favor of Peter 
Smith, and of Jesse D. Carr, and of others, which are generally classed together 
as " Peter Smith Titles." These sales were for a long time restrained by injunc- 
tion issued out of the District Court; see the Argument, § 133; but they finally took 
place, and the titles under them were first held to be valid, in Smith vs. Morse, 
2 Cal. Reports, 524, and afterwards held to be invalid, in Hart vs. Burnett, 15 
Cal., 530. 

49. Claims under grants of town lots at San Francisco and the Mission Dolo- 
res, made in the years 1849 and 1850, by G. Q. Colton and F. P. Tracy, Justices 
of the Peace. But justices had no power to make such grants while there was an 
Ayuntamiento in existence. See the Argument, § 90. 



330 ADDENDA, NO. CLXIII. 

50. Claims under locations of lands under the so-called " Sioux half-breed 
Scrip/' issued under the Act of Congress of July 17, 1854, 10 U. S. Statutes at 
large, page 304. I cannot accurately ascertain where this scrip has been located, 
all the information I could gather being doubtful. 

51. Claims to marsh or tide lands under the " Act to provide for the sale of 
the salt marsh and tule lands of this State ;" passed May 14th, 1861. Ante, page 
321, No. CLXI. 

52. Claims under squatting locations on swamp and overflowed lands ; part of 
the Pueblo lands. See page 336, Addenda, No. CLXIV. 

53. Claims under alleged locations of lands under the pre-emption laws of the 
United States. 

54. Claims under alleged locations of lands under School Land Warrants. 
See page 337, Addenda, No. CLXV. 

55. Claims under the Van Ness Ordinance, ante, page 217, by persons in pos- 
session on January 18th, 1855, of portions of the Government Keserves at Rincon 
Point, which have never been occupied by the United States, under Section 85 of 
an act of Congress entitled " An Act to expedite the settlement of titles to lands 
in the State of California, passed July 1, 1864 ; ante, No. CXXX, page 257, Sec. 5. 

56. Power claimed to be reserved by the United States to reserve any of the 
Pueblo lands for the use of the United States by a reservation to be made by the 
President of the United States, within one year after the rendition to the General 
Land Oflice, of an approved plat of the exterior limits of San Francisco, under 
the charter of 1851, in connection with the public surveys; ante, page 257, Sec. 5. 
But if the city holds her Pueblo lands under the decree of the Circuit Court, the 
United States had no lands to grant, and consequently could reserve no such power 
over the Pueblo lands. 

II. WATER LOTS. 

These are lands lying between the ordinary high water mark and the Water 
Front as established by act of the legislature. The Spanish grant of four square 
leagues carried the proprietary right of the Pueblo down to the ordinary high 
water mark, which is the line to and from which the daily tide ordinarily flows 
and ebbs, leaving above it, and included in the grant, the lands covered by the 
spring tides. (People vs. Morrill, 26 Cal., 336 ; United States vs. Pacheco, 2 Wal- 
lace U. S. Sup. Ct. Rep., 587.) These lands, above ordinary high water mark and 
covered by the spring tides, in California are generally salt marshes with a luxuri- 
ant vegetation of marine plants, such as samphire and the like. The lands below 
the ordinary high water mark belong to the sovereign power, by virtue of its 
sovereignty. - (Pollard's Lessees vs. Hagan, 3 Howard U. S. Rep., 212.) While 
California belonged to Mexico, the traditional policy against granting such lands 
generally prevailed, and I do not know of any alleged grant of that kind which is 
not disputed. When the United States became the sovereigns of California — first 
by conquest, and afterwards by treaty — they had the power of disposing of the 
lands below ordinary high water mark ; and when California became a State, that 
attribute of sovereignty passed to her. 



ADDENDA, NO. CLXIII. 331 

Acts, etc., relating to the Water Lots. 

. 57- Grant of Beach and Water Lots in San Francisco, purporting to be made by 
the United States to the Town and People of San Francisco, through Brig. Gen. 
S. W. Kearny, Military Governor of California, in March, 1847. (See Argument 
Sec. 127 ; ante, page 104, No. LXXII, and town sales made under the same.) 

58. Government Beserves, made out of the Beach and Water Lots granted by 
the United States, through Gov. Kearny, to the Town of San Francisco, as lastly 
above stated, and pursuant to the terms of that grant. (Ante, page 258, No. 
CXXXI.) 

59. Grant made by the State of California to the City of San Francisco of cer- 
tain Beach and Water Lots for ninety-nine years, defining the Water Front, and 
confirming previous grants made by authorities of the Pueblo, by the First 
Water Lot Bill, March 26th, 1851. (Ante, page 265, No. CXXXII.) 

60. An act passed May 1st, 1851, but repealed March 12th, 1853, commonly 
called the Second Water Lot Bill, purporting to confer certain purchases 
and rights of property on the City of San Francisco, but which never became 
operative — the act being repealed the next year. (Ante, page 267, No. CXXXTII.) 

61. Act of the Legislature of the State of California, confirming certain Wharf 
contracts, made by the Commissioners of the Funded Debt of the City of San 
Francisco. (Ante, pages 268, 269, Nos. CXXXIV, CXXXV.) 

62. Four successive acts of the Legislature of the State of California, under 
which the interest of the State in the lands below the ordinary high water mark 
and the water front of the City of San Francisco were sold and conveyed to pur- 
chasers at public auction. (Ante, pages 269-277, Nos. CXXXVI-CXXXIX.) 

63. A conveyance made by the State of California to the United States of the 
Beach and Water Lots in San Francisco, bounded by Washington, Sansome, 
Jackson, and Battery streets, commonly called the Custom House Block, Sep- 
tember 8th, 1864. (Ante, page 279, No. CXLII.) 

64. Claims to the residuary interest of the State in the " Government Reserves/' 
being the fee of the same after the expiration of the leases of the same, made by 
the authorities of the United States. (Ante, pages 258, 261, No. CXXXI, Sub- 
division No. V.) Said leases were protected, and the fee of the State reserved by 
Section 2, of the First Water Lot Bill. (Ante, page 266, CXXXII.) The resid- 
uary interest of the State in said lands was afterwards sold at public auction and 
conveyed to the respective purchasers, under the first three acts for the sale of the 
State's interest in the Water Front property. (Ante, pages 269-277, Nos. 

cxxxvi-cxxxvrn. ) 

65. Claims under a grant of four hundred varas square, on the southeast 
corner of Broadway and Sansome streets, purporting to have been made by Gov- 
ernor Alvarado to Robert Elwell, in 1842 or 1843. (Ante, page 189, No. CII.) 



332 ADDENDA, NO. CLXITI. 

66. Claims of private persons under conveyances of Beach and Water Lot 
property from the Commissioners of the Funded Debt of the City of San Fran- 
cisco, under the various acts and proceedings for that purpose. (Ante, page 108, 
No. CVI; page 199, No. CVII; page 277, No. CXLI; page 282, No. CXLIV ; 
page 282, No. CXLV ; page 321, No. CLX.) 

67. Sales and conveyances made by the Sheriff of the County of San Francisco 
of portions of the Beach and Water Lots, released by the State of California to the 
City of San Francisco by the First Water Lot Bill. (Laws of 1851, Ch. 41, page 
307 ; ante, page 265, No. CXXXII.) Held by the Supreme Court of California, 
that the City of San Francisco had a leviable interest in these water lots, and that 
a regular sale on execution upon a valid judgment against the city would convey 
a title to that interest to the purchaser. (Smith vs. Morse, 2 Cal. Rep., 524; 
Holladay vs. Frisbie, 15 Cal. Rep., 630; Wheeler vs. Miller, 16 Cal., 125.) 

68. Conveyances made by Alcaldes and other Pueblo officers to private per- 
sons of portions of said water lots, confirmed by Section 2, of the First Water 
Lot Bill. (Laws 1851, Ch. 41, page 307 ; ante, page 265, No. CXXXII.) 

69. Conveyances to private persons of portions of s*aid water lots, made by the 
Commissioners of the Sinking Fund of the City of San Francisco, and afterwards 
confirmed by act of the legislature. (See ante, page 192, No. CIV; page 282, 
No. CXLIV.) 

70. Possible claims which may be asserted under the Second Water Lot Bill. 
(Laws 1851, .Ch. 44, p. 311; ante, page 267, No. CXXXIII.) 

71. Claims of William Alvord, his associates and assigns, to submerged and 
tide and marsh lands, at the Potrero Nuevo, under " An Act to authorize the sale 
and conveyance to William Alvord, his associates and assigns, of certain over- 
flowed lands in the City and County of San Francisco.'' (Laws 1865-6, page 
841.) This is supposed to include lands both above and below the ordinary high 
water mark, and also below the ordinary low water mark. 

72. Claims of the North San Francisco Homestead and Railroad Association 
to certain overflowed lands under the provisions of " An Act to authorize the sale 
and conveyance to the North San Francisco Homestead and Railroad Association 
of certain overflowed lands in the City and County of San Francisco." (Laws of 
1863-4, page 482.) This is supposed to include lands both above and below the 
ordinary high water mark, and also below the low water mark. 

73. Claims of the Golden City Homestead Association, under "An Act to 
authorize the sale and conveyance to the Golden City Homestead Association of 
certain overflowed lands in the City and County of San Francisco." (Laws of 
1863-4, page 463, Chap. 407.) 

74. Claims under the "Act to provide for the sale of the Salt Marsh and Tide 
Lands of this State," passed May 14th, 1861. (Ante, page 321, No. CLXI. See 
Teschmacher vs. Dennis, 29 Cal. Reports.) 



ADDENDA, NO. CLXIII. 333 

75. Claims to a lot of land on Steuart Street, one hundred and thirty-seven 
and one-half feet by forty-fire feet ten inches, under " An Act to authorize the 
Governor of the State of California to convey certain real estate [to Barbara Cun- 
ningham]. (Laws of 1862, page 236.) 

76. Extension and confirmation of a lease of the GORE of land bounded by 
Market, Front, and Pine streets to Edward Minturn, for ten years from May 22d, 
1863, under laws of 1865, page 307 ; said lease having been previously made by 
the city and by the Commissioners of the Funded Debt. 

77. Claims to the City Slip property by private owners under the acts referred 
to : (Addenda, No. CLYI, ante, page 316.) 

78. Claims to franchises in the City Slip property by the Central Wharf Joint 
Stock Company. (Ante, page 316, Addenda, No. CLVI; Nos. II, IV, VI.) 



III. ISLANDS. 

Islands situated in navigable waters near the shore, and especially those lying 
within harbors and capable of being fortified or planted with batteries, have gen- 
erally been retained as the property of the sovereign, by all nations ; and no people 
have been more jealous in this respect than the Spanish. So notorious was this 
fact that the Supreme Court of the United States consider an alleged grant of 
such an island as almost presumptively fraudulent on its face. (United States vs. 
Ohio, 23 Howard's U. S. S. C. Rep., 286.) The history of the islands in the Bay 
of San Francisco is a simple, yet a curious one : they were first reserved by the 
President of the United States for military purposes, and then, after the lapse of 
thirteen years, those within the City and County of San Francisco and not occu- 
pied by the United States were, by what was apparently a mistake in an act of Con- 
gress, granted to the City of San Francisco. The following is a short history of 
the matter: 

In 1851 President Fillmore reserved for public purposes the following islands 
situate in the Bay of San Francisco : Yerba Buena Island, Alcatras Island, and 
Angel Island. (See the reservation, ante, page 221, No. CXIII.) Alcatras Island, 
and a portion of Angel Island were occupied, and continue to be so, with military 
works. The Van Ness Ordinance provided that application should be made to 
Congress to relinquish to the City of San Francisco all the right and title of the 
United States to the lands embraced within the scope of that ordinance, for the 
uses and purposes specified in it, so that if the Pueblo title failed, a valid title 
would enure by grant from the United States. (See the ordinance, ante, No. 
CXII, page 218, Sec. 10.) Accordingly, by Section 5, of an act of Congress, 
entitled " An Act to expedite the settlement of Titles to Lands in the State of 
California," approved July 1st, 1864, an attempt was made by Congress to confirm 
the Van Ness Ordinance as desired. (See the act, ante, No. CXXX, page 255, 
Sec. 5.) But the author of that act seems to have overlooked the fact that the Van 
Ness Ordinance did not embrace all the lands lying within the city limits under the 
charter of 1851, but extended only to the line of the Water Front, while the boundary of 
the city under the charter of 1851, on the east and north was the same as that of the 
county, and included the following Islands situate in the Bay of San Francisco, 



334 ADDENDA, NO. CLXIII. 

namely : Yerba Buena, Angel Island, Alcatraz, the Farallones, and Mission Eock. 
This will be apparent from a comparison of the respective boundaries. The 
Van Ness Ordinance, after granting to actual occupants "all the right and claim 
" of the city to the lands within the corporate limits," excepts " any piece or parcel 
" of land situated south, east, or north of the Water Front of the City of San 
" Francisco as established by an act of the Legislature of March 26th, a.d. one 
"thousand eight hundred and fifty-one." (See the Van Ness Ordinance, ante, 
No. CXII, page 217, Sec. 2, and the First Water Lot Bill establishing the Water 
Front, ante, No. CXXXII, pages 265, 267, Sections 1 and 4.) The provisions 
fixing the Charter Line of 1851, conclude as follows : "Its southern and eastern 
boundaries shall be coincident with those of the County of San Francisco." (Laws of 
1851, page 351, Chap. 84, Sec. 2.) The boundaries of the County of San Fran- 
cisco, as fixed by laws of 1851, Chap. 14, page 174, Sec. 8, are thus defined: 
"Beginning at low water mark on the west side of the entrance of the Bay of San 
"Francisco, and following the line of low water mark along the southern and 
"anterior coast of said Bay to a point due southwest of Golden Bock" [nine mile 
Rock or Bed Rock] ; "thence due southeast to a point within three miles of high 
"water mark of Contra Costa County; thence in a southerly direction to a point 
"three miles from and opposite the mouth of Alameda Creek," etc. The city 
limits under the charter of 1851, therefore, included the following islands, namely : 
Angel Island, Alcatras, Yerba Buena, the Farallones, and Mission Rock ; and 
these islands are therefore included in the body of the grant, that is to say, within 
the general description of the lands granted. But this act of Congress, however, 
contains the following exception : "there being excepted from this relinquishment 
"and grant all sites or other parcels of lands which have been or are now occupied 
" by the .United States for military, naval, or other public uses, or such other sites 
" or parcels as may hereafter be designated by the President of the United States 
" within one year after the rendition of an approved plat of the exterior limits of 
" San Francisco as recognized in this section in connection with the public surveys." 
(Sec. 5 of said act, ante, page 257, as above.) It will be observed, that "lands 
" heretofore reserved for the use of the United States," are not the lands excepted 
from the grant, but only those " which have been, or now are occupied by the 
" United States," and the only islands which at the date of said act of Congress 
were not, and never had been occupied by the United States, were Yerba Buena, 
Farallones, Mission Rock, and a part of Angel Island. These islands, any 
or all of them, are still liable to be reserved by the President, as above provided, 
within one year after the filing in the General Land Office of an approved survey 
of the exterior limits of the City of San Francisco according to the charter of 
1851. Even the grant as it stands is declared to be for the "uses and purposes 
specified" in the Van Ness Ordinance, which still further demonstrates the mistake 
made by Congress, for there is no consideration of equity, convenience, or policy 
which would grant Yerba Buena Island, of one hundred and sixty acres, to any 
two or three squatters who may have scrambled for its possession on the first day 
of January, a. d. 1855. The President would doubtless, on the application of the 
city, make the reservation of Yerba Buena Island, as he is authorized to do by this act, 
and Congress could then grant it to the city, to be occupied as its Bridewell, and for 
other kindred purposes to which it is so well adapted, as it has been pronounced 
by military engineers to be of no value to the United States for purposes of fortifi- 
cation or defense. 



ADDENDA, NO. CLXIII. 335 



ACTS, ETC., AFFECTING THE ISLANDS GRANTED TO THE CITY 
BY ACT OF CONGRESS. 

79. Grant purporting to have been made of Yerba Buena Island by Governor 
Alvarado to Don Juan Castro, Nov. 8th, 1838, claimed by Joel S. Polack and finally 
rejected. 1 Hoffman's Rep., Appendix, No. II, ante, page 187, No. C. 

80. Grant purporting to have been made of the Islands Farallones, Alcatras, 
and Yerba Buena, to Jose y Limantour, by Governor Micheltorena, Dec. 16, 1863. 
Finally rejected, 1 Hoffman's Rep., 389. lb. Appendix No. 549. Addenda, ante, 
page 174, No. XCI. 

81. Exception of Alcatras Island from the grant to the city, by said act of 
Congress of July 1st, 1864, by reason of its being occupied by the United States 
for public purposes at and before the time of the passage of said act, as specified 
in Sec. 5 of said act ; ante, page 257. 

82. Claims of alleged occupants to Yerba Buena Island under the Van Ness 
Ordinance on the alleged ground that said Island was granted to the city of San 
Francisco by said act of July 1st; 1864, for the uses and purposes specified in said 
ordinance; ante, No. CXII, page 217. 

83. Grant purporting to have been made of Angel Island in the Bay of San 
Francisco to Don Antonio Maria Orsio by Governor Alvarado, February 1 9th, 1838. 
Finally rejected. 1 Hoffman's Rep., 100. lb. Appendix, No. 18, ante, page 188, 
No. CI. 

84. Exception of a portion of Angel Island from the grant to the city by said 
act of July 1st, 1864, by reason of its being occupied by the United States for pub- 
lic purposes, at and before the time of the passage of said act as specified in Sec. 
5 of said act; ante, page 257. 

85. Claims of occupants of portions of Angel Island on January 1st, 1855, 
under the Van Ness Ordinance; ante, page 216, No. CXII, and said act of Con- 
gress, ante, page 217, Sec. 5. 

86. Power reserved by the United States to reserve any or all of these Islands 
for the use of the United States, by a reservation to be made by the United States 
within one year after the rendition to the General Land Office, by the Surveyor 
General, of an approved plat of the exterior limits of San Francisco (charter of 
1851) in connection with the lines of the public surveys; ante, page 257, Sec. 5. 



336 ADDENDA, NO. CLXIV. 



No. CLXIV. 

PORTION OF AN ACT OF CONGRESS ENTITLED " AN ACT TO 
APPROPRIATE THE PROCEEDS OF THE SALES OF PUB- 
LIC LANDS, AND TO GRANT PRE-EMPTION RIGHTS," AP- 
PROVED SEPTEMBER 4th, 1841, UNDER WHICH THE STATE 
OF CALIFORNIA DERIVES HER TITLE TO 500,000 ACRES OF 
PUBLIC LANDS WH^H WERE AFTERWARDS DEVOTED TO 
THE SUPPORT OF COMMON SCHOOLS AND THE ERECTION 
OF PUBLIC BUILDINGS BY THE LEGISLATURE OF CALI- 
FORNIA, AND UNDER WHICH SCHOOL LAND WAR- 
RANTS WERE ISSUED BY THE STATE. 5 U. S. Satutes 
at Large, page 455, Chap. 16, § 8. 

"Section 8. And be it further enacted, That there shall be granted to each 
State specified in the first section of this act. [Ohio, Indiana, Illinois, Alabama, 
Missouri, Mississippi, Louisiana, Arkansas, and Michigan] five hundred thou- 
sand acres of land for purposes of internal improvement : Provided, that to each 
of the said States which has already received grants for said purposes, there is 
hereby granted no more than a quantity of land which shall, together with the 
amount such State has already received as aforesaid, make five hundred thousand 
acres, the selections in all of the said States to be made within their limits respect- 
ively in such manner as the Legislatures thereof shall direct ; and located in par- 
cels conformably to sectional divisions and subdivisions, of not less than three hun- 
dred and twenty acres in any one location, on any public land except such as is or 
may be reserved from sale by any law of Congress or proclamation of the Presi- 
dent of the United States, which said locations may be made at any time after 
the lands of the United States in said States respectively shall have been surveyed 
according to existing laws. And there shall be and herby is, granted to each 
new State that shall hereafter be admitted into the Union, upon 
such admission, so much land as, including such quantity as may have been 
granted to such State before its admission, and while under a Territorial Govern- 
ment, for purposes of internal improvement as aforesaid, as shall make five hun- 
dred thousand acres of land, to be selected and located as aforesaid." 

Note. — For the various acts of the Legislature of the State of California regu- 
lating the disposal and management of these lands, and the location of School 
Warrants upon them, see Hittel's Digest, Articles 3,970 to 4,057 inclusive, and 
Laws of 1865-6, pages 284 and 854. 



ADDENDA, NO. CLXV. 33T 



No. CLXV. 

THE SO-CALLED "ARKANSAS SWAMP LAND ACT" OF CON- 
GRESS, APPROVED SEPT. 28th, 1850, UNDER WHICH THE 
STATE OF CALIFORNIA DERIVES HER TITLE TO THE 
SWAMP AND OVERFLOWED LANDS WITHIN HER 
LIMITS. 9 U. S. STATUTES AT LARGE, PAGE 519, CHAP. 84. 

An Act to enable the State of Arkansas and other States to re_ 
claim the " Swamp Lands" within their limits. 

Be it enacted by the Senate and House of Representatives of the United States of 
America, in Congress assembled: 

That to enable the State of Arkansas to construct the necessary levees and 
drains, to reclaim the swamp and overflowed lands therein, the whole of those 
swamp and overflowed lands, made unfit thereby for cultivation, which shall 
remain unsold at the passage of this act, shall be, and the same are hereby, granted 
to said State. 

Sec. 2. And be it further enacted, That it shall be the duty of the Secretary of 
the Interior, as soon as may be practicable after the passage of this act, to make 
out an accurate list and plats of the lands described as aforesaid, and transmit the 
same to the Governor of the State of Arkansas, and, at the request of said Gov- 
ernor, cause a patent to be issued to the State therefor ; and on that patent the 
fee simple to said lands shall vest in the said State of Arkansas, subject to the 
disposal of the legislature thereof: provided, however, that the proceeds of said 
lands, whether from sale or by direct appropriation in kind, shall be applied, 
exclusively, as far as necessary, to the purpose of reclaiming said lands by means 
of the levees and drains aforesaid. 

Sec. 3. And be it further enacted, That in making out a list and plats of the land 
aforesaid, all legal subdivisions, the greater part of which is "wet and unfit for 
cultivation," shall be included in said list and plats ; but when the greater part of 
a subdivision is not of that character, the whole of it shall be excluded therefrom. 

Sec. 3. And be it further enacted, That the provisions of this act be extended 
to, and their benefits be conferred upon, each of the other States of the Union in 
which said swamp and overflowed lands, known as designated aforesaid, may be 
situated. 

Approved, September 28th, 1850. 

Note. — The term "swamp and overflowed lands " includes all lands which are 
" wet and unfit for cultivation " by reason of being overflowed by water, as well those 
lands which are overflowed by the spring tides of salt water, as those which are over- 
flowed by the fresh waters of rivers. These do not belong to the State by virtue of 
her sovereignty, but belong to the United States by virtue of her ownership of pub- 
lic lands ; and Spanish and Mexican grants which were bounded by tide waters 
extended to the ordinary low water mark, and therefore included such marsh, 
swamp, or overflowed lands ; and if the State of California does not hold the salt 
marshes under the above " Arkansas Swamp Land Act," then she does not hold 

23* 



388 ADDENDA, NO. CLXVI. 

them at all. Pollard's Lessees vs. Hagan, 5 Howard U. S. Rep., 312 ; People vs. 
Morrill, 26 Cal. Rep., 336; United States vs. Paeheco, 2 Wallace, U. S. Sup. 
Ct. Rep., 587 ; Tescheraacher vs. Dennis, 29 Cal. Rep. See ante, page 330, 
Addenda, No. CLXIII, " Water Lots." 

For the legislation of the State of California on this subject see Hittell's Digest, 
Articles 4058 to 4214, inclusive; and Laws of 1865-6, pages 315, 465, 530, 640, 
662, 795, 799-801, 832. 



No. CLXYI. 

" LAS LEYES VIGENTES " — MUNICIPAL LAWS OF SPAIN AND 
MEXICO, SURVIVING THE MEXICAN REVOLUTION OF 1821, 
AND THE AMERICAN CONQUEST OF CALIFORNIA. 

The Mexicans have a law term : " Las Leyes Vigentes — the laws still in 
force " — which they apply to those orders and decrees of the Cortes of Spain, 
which, being Municipal Laws, were considered still in force in Mexico after the 
successful accomplishment of -the Revolution of 1821, for the reason stated in § 54 
of the ai-gument, that " it is a well established principle of law that a change in 
the sovereignty of a country changes the political law, but leaves all the laws 
respecting private property in full force." But as it is constantly asserted by the 
upholders of a partisan interest that the Hispano-Mexican laws relating to the dis- 
tribution of Pueblo Lands were repealed by the conquest of California by the 
Americans, I shall endeavor to elucidate the above principle at some length. 

The clearest and fullest statement of this principle that I have met, and the one 
fortified by the largest citation of authority, is that contained in Halleck's Interna- 
tional Law : 

" ' § 14. The laws of a conquered country,' says Lord Mansfield, 'continue in 
force until they are altered by the conqueror; the absurd exception as to pagans, 
mentioned in Calvin's case, shows the universality and antiquity of the maxim. 
For that distinction could not exist before the christian era, and in all probability 
arose from the mad enthusiasm of the crusades.' This may be said of the munic- 
ipal laws of the conquered country, but not of its political laws, or the relations 
of the inhabitants with the government. The rule is more correctly and clearly 
stated by Chief Justice Marshall, as follows : ' On the transfer of territory, it 
has never been held that the relations of the inhabitants with each other undergo 
any change. Their relations with their former sovereign are dissolved, and new 
relations are created between them and the government which has acquired their 
territory ; — the law, which may be denominated political, is necessarily changed, 
although that which regulates the intercourse and general conduct of individuals 
remains in force until altered by the newly created power of the state.' This is 
now a well settled rule of the law of nations, and is universally admitted.'" p. 824. 

u § 24. It has already been remarked that, in the transfer of territory by con- 
quest or cession, the political rights of its inhabitants may be essentially changed. 
This results from a difference in the powers and character of governments, as 
depending upon their constitutions or fundamental laws. The new government 
may not be capable of receiving or exercising all the powers of the old one, or it 



ADDENDA, NO. CLXVI. 339 

may not extend to the governed all the political rights which they enjoyed under 
the former sovereign. But a change of sovereignty is not, in modern times, per- 
mitted to effect any change in the rights of private property. What was the prop- 
erty of the former sovereign becomes the property of the new one, and what was 
the property of individuals before, remains private property, notwithstanding the 
conquest or cession. ' The modern usage of nations/ says Chief Justice Marshall, 
speaking of the transfer of a country from one government to another, 'which 
has become a law, would be violated ; that sense of justice and of right which is 
acknowledged and felt by the whole civilized world, would be outraged, if private 
property should be generally confiscated and private rights annulled. The people 
change their allegiance ; their relation to their ancient sovereign is dissolved ; but 
their relations to each other, and their rights of property, remain undisturbed.' 
The rule of international law, thus clearly enunciated by the Supreme Court of 
the United States, in 1833, has since been repeatedly recognized in the decisions of 
the same tribunal. (United States vs. Perchman, 7 Peters Rep., p. 87 ; Mitchel 
vs. The U. S., 9 Peters Rep., p. 734; Strother vs. Lucas, 12 Peters Rep., p. 38; 
New Orleans vs. The U. S., 10 Peters Rep., pp. 720, 729 ; Riquelme, Derecho Pub. 
Int., lib. 1, tit. 2, cap. 12.)" p. 836. 

" § 25. As the new State merely displaces the former sovereignty, and acquires 
by cession or complete conquest, no claim or title whatever to private property, 
whether of individuals, municipalities, or corporations, and as it assumes the duties 
and obligations of the former sovereign with respect to private property within 
such acquired territory, it is consequently -bound to recognize and protect all pri- 
vate rights in lands, whether they are held under absolute grants or inchoate titles, 
for property in land includes every class of claim to real estate, from a mere incep- 
tive grant to a complete, absolute, and perfect title. A mere equity is protected 
by the law of nations as much as a strictly legal title. In the words of Chief Jus- 
tice Marshall, 'The term 'property/ as applied to lands, comprehends every spe- 
cies of title, inchoate or complete. It is supposed to embrace those rights which 
lie in contract ; those which are executory; as well as those which are executed. 
In this respect the relation of the inhabitants to their government is not changed. 
The new government takes the place of that which has passed away/ ( Soulard 
et al. vs. The United States, 4 Peters Rep., p. 512; Mitchel et al. vs. The United 
States, 9 Peters Rep., p. 733; United States vs. Perchman, 7 Peters Rep., p. 51 ; 
Chouteau's heirs vs. The United States, 9 Peters Rep., pp. 137, 147." p. 837. 

The same principles were recognized by the Mexican jurists after the accomplish- 
ment of the Revolution of 1821, and it is due to that class to say, that it embraces 
in its ranks lawyers, who in learning, integrity, and skill, have never been excelled 
in any country, or at any time in the world's history. The following is from the 
preface to the " Collection of Decrees and Orders of the Cortes of Spain which are 
considered in force in the Republic of the Mexican United States," published at 
Mexico in 1829.* 
( " The independence of Mexico having been happily achieved by the occupation of 
the capital on the 27th September, 1821, and the destruction of the viceregal gov- 
ernment, and though the bonds of dependence upon Spain are broken forever, yet 
the laws prescribing the duties and rights of those composing this new social gath- 

* Coleciou de los Decretos y Ordenes de las Cortes de EspaSa, que se Reputan Vigentes en 
la republica de los Estados-Unidos Mexicanos : Mexico; 1829. Imprenta de Galvan a cargo 
de Mariano Arevalo calle de Cadena, No. 2, p. 216. 



340 ADDENDA, NO. CLXVI 



ering neither could nor should have remained without force; because as they 
could not have been remodeled except after a certain lapse of time, and by the 
competent authorities, their sudden and total abolition would have been equivalent 
to the establishment of absolute anarchy at a time when order was mostly needed. 
So that with the exception of those laws which came in direct conflict with the 
memorable Plan of Iguala,* and with the new order of things created by that 
Plan, all the other laws which had emanated from the Kings of Spain and 
from the sovereign authority, and which had been acknowledged up to that date, 
were adopted and respected; lawsuits were decided and justice was administered 
in conformity with them, and the Mexicans adapted their social existence to their 
spirit. Hence it has resulted that the Spanish codes, which have not as yet been 
replaced by any purely national, are greatly sought after by judges, by men of 
letters, and even by simple citizens, because in them they find their rule of action, 
the guarantees of their reciprocal rights, and the guide for their proceedings. 
Among these codes the principal one is that comprising the collection of decrees 
and ordinances issued by the Spanish Cortes in the years 1812,1813, 1814, 1820, 
and 1821, when independence was acquired. This collection, which has increased 
to ten volumes, has become amongst us rare and costly ; and even when it can be 
obtained, it has this inconvenience : that those laws are found scattered throughout 
the first seven volumes, containing the decrees issued, while Mexico still depended 
upon the legislation of Madrid, and which are yet in force in the republic, because 
they have either been executed, or they rfifer exclusively to these countries, or 
they have not as yet been revoked. 

" Convinced by these observations of the usefulness of reducing them to a single 
volume, at a reasonable price and in convenient form, the difficulty there would 
be in codification, for fear of omitting some law yet in force, or inserting others 
already void, was duly weighed. To avoid this difficulty in this collection, a 
period of time was fixed upon, when, beyond a doubt, the laws of Madrid were 
binding in Mexico, and this runs from the first volume to the beginning of the 
eighth, which volume opens with the ordinance of the twenty-third of September, 
1821, whereby it was decreed that the supplements in relation to the countries 
beyond the sea should not be considered by the Cortes. This action of the Span- 
ish Congress, (independence being at that date accomplished) if it does not 
involve a kind of recognition of that fact, yet places it beyond a doubt that all laws 
made thereafter could have no force whatever in regard to the Mexicans, who had 
broken forever the bond which united them to Spain, and who had not cooperated 
in the making of them ; not even through the paltry representation which had been 
granted them as a favor, and notwithstanding the principles of equality which had 
been promulgated, and the character of the representative system of government. 
Excluding the last three volumes, the examination is limited to the first seven. 
In them are found many laws, the exclusive object of which was the well being 
of the territory of the peninsula ; others essentially monarchical, and others relating 
exclusively to private individuals ; none of these are to the present purpose, and 

* The " Plan of Iguala," so called, because it was promulgated at the town of Iguala, in 
Mexico, on February 24th, 1821, to the army there under his command by Augustine Itur- 
bide, afterwards Emperor of Mexico. This " Plan " was the basis of the Mexican revolt 
from Spain ; its principal features were the establishment of Roman Catholicism as the 
religion of the State ; the equality of all citizens in the sight of the law, irrespective of 
race or color; and the establishment of a constitutional monarchy. The " Plan of Iguala," 
therefore, changed only the political law of the country. 



ADDENDA. NO. CLXVI. 341 

their insertion would uselessly augment the volume of matter, and would frustrate 
the object of this digest. This digest comprises all those laws which, not being 
in conflict with the order of things after independence, nor in conflict with the 
form of government then adopted, remained at that time and are still in force in 
some of their provisions, and in some places in the republic ; as for example, 
those organizing the Courts, which although adopted in the different States by 
their respective legislatures, were not adopted in the districts and territories where 
they exist only in those provisions proper to the federal system. There are others 
relating to objects, the right to legislate upon which was reserved by the federal 
constitution to the general Congress ; and these laws, not having as yet been defi- 
nitely passed upon, remain. in full force; among these is the one relating to the 
liberty of the press. Others have been considered useful and deserving insertion 
herein, notwithstanding they refer to matters under the supervision of the States, 
as it is not known whether they have legislated upon the subject, although some of 
these States continue still to act in accordance with them ; such for instance as the 
one touching the responsibilities of public officers. Again, some of these laws 
concern regulations upon establishments which Mexico did not have until after her 
independence ; hence we see that those laws did not contemplate those establish- 
ments, but having been sometimes enforced, it has been thought advisable to insert 
them likewise ; of this class may be considered the law fixing the honors and privi- 
leges of those who have served in the bureaus of State. Finally, as this digest is 
not limited to certain fixed places, all the laws and ordinances which might bear 
upon any case in any part of the Republic, have also been inserted. For the rea- 
son that should one find in this digest a law inapplicable in one State, he will find 
many others which are not so, and he will be compensated for the apparent super- 
fluity of buying a volume containing certain provisions of no use to him, by the 
advantage of securing at a reasonable price, a collection of all the laws which 
remain still in force. 

" In order to finish giving an idea of the method which has been followed in the 
codification and insertion of the ordinances and decrees, we have still to say a few 
words : 

" 1st. Although many of the laws made by the Spanish Congress in the year 
1821 were not published in this country, yet all those laws having the characteris- 
tics above mentioned have been inserted, because we see practically that many of 
these laws are in force, notwithstanding they lack the essential requisite of publica- 
tion. Among such can be found the law of May 18th, 1821, about compromises 
(conciliaciones) which never had legal publication, and only appeared in the Noti- 
cioso of the seventeenth of October of that year, after independence had been con- 
summated ; and yet it is observed in the capital and elsewhere, notwithstanding its 
opposition to Article 155, of the Constitution.* 

" 2d. The Spanish Constitution has not been inserted, because in our opinion it 
can have no force, not even temporarily, in the districts and territories which have 
no constitution, on account of the absolute diversity of system and conflict with 
the federal Constitution of Mexico. Although the laws contained in this volume 
emanate from that Constitution, and ought to suppose its existence, this would be 
the case in Spain, where they have a permanent character, and not in Mexico, 
where they are merely temporary and provisional, in the absence of more suitable 

*For the reason that custom, under the Spanish and Mexican law, overrides all law. 
See Laws established by Custom, below in this Article, 



342 ADDENDA, NO. CLXVI. 

legislation not in conflict with our Constitution. This is the case with many of 
said laws, and hence only certain of their provisions are in force, while the balance 
are considered abrogated. 

" These considerations we think sufficient to enable the reader to comprehend the 
system adopted in this compilation of laws, and the just value to be placed by 
him upon each of them, concluding with the assurance that our object in this un- 
dertaking has been the public good alone." } 

The titles of some of these laws which thus survived the Mexican Revolution 
are highly suggestive of the distinction between those political laws which deter- 
mine the relation of the individual to the sovereign, which, upon a revolution or 
conquest, are immediately replaced by those of the new government, and those 
municipal laws regulating private rights, which remain unchanged upon the hap- 
pening of such events. I cite them from the "Leyes Vigentes": Freedom of 
Trade in Quicksilver, p. 1 ; Rewards offered for the Discovery of Quicksilver 
Mines in America, p. 2 ; The right to Fish for Pearls and Whales Declared, p. 7 ; 
Concerning the Establishment of Military Hospitals, p. 9 ; Abolition of Torture, 
p. 8 ; Secular Priests may vote in the Election of Ayuntamientos, but cannot hold 
office in them, p. 33 ; Various Measures for the encouragement of Agriculture and 
Cattle Breeding, p. 82 ; A Law of Copy Right, p. 84 ; A law respecting Concilia- 
tion, p. 116; .Decree of the twelfth of March, 1811, Various Measures for the 
Encouragement of Agriculture and Industry in America, p. 2; Decree of the thir- 
teenth of March, 1811, Indians and Castes Exempted from Tribute; Distribu- 
tion of Lands to the former; Prohibition to the Justices to traffic in such 
lands; Page 3, Decree of the twenty-second of April, 1811, Abolition of 
the Torture, and Compulsions, and Prohibitions of other Painful Practices ; 
page 18, Decree of the twenty-second of April, 1811, of the free Incorporation of 
Lawyers in their Colleges; page 8, Decree of the sixth of August, 1811, Incor- 
poration of the Seigneurial Jurisdictions of the Nation, Abolition of Privileges ; 
that no one can call himself the lord of vassals or exercise jurisdiction as such; 
page 17, Decree of the 11th November, 1811, Of the Responsibility as to the 
Observance of the Decrees of the National Congress, p. 22 ; Decree of the eight- 
eenth of January, 1812, Of Employments which cannot be filled by Substitutes, 
p. 24; Formation of the Constitutional Ayuntamientos; p. 28, see ante, p. 18, 
No. X. Rules for the Formation of Constitutional Ayuntamientos, p. 32 ; see 
ante, p. 30, No. XL Decree of the ninth of October, 1812 ; of the Constitutional 
Alcaldes of the Pueblos, p. 50. 

It is thus very evident that the laws of Spain and Mexico did not differ from 
those of other civilized nations, and that the Hispano Mexican laws regulating 
Pueblos and the management of their property, and especially the act of the Cor- 
tes of Spain of January 4, 1813, ante, p. 20, No. XI, as a municipal law, survived 
both the Mexican Revolution and the American Conquest, and is still in force, 
until except so far as it may have been altered or repealed by the Legislature of 
California. 

LAWS ESTABLISLED BY CUSTOM. 

" By the Spanish law, and equally by the Mexican law, custom is sometimes allowed 
not only to control, limit, modify, and interpret the general rules of the system, but 
even to establish a rule in direct and palpable contravention of the positive writ- 
ten law. It is the teaching of the books that custom may attain the force of law, 



ADDENDA, NO. CLXVII. 343 

not only when there is not law to the contrary, but when the effect of it is to over- 
turn the previous law which stands in opposition to it, whence arises the maxim, 
that there may be a custom without a law, a custom contrary to law, and a custom 
according to law. (Escriche, Derecho Espanol, 23, 24, Escriche, Die. Title " Cos- 
tumbre ; 1 Feb. Mej., 55 to 61.)" Per Bennett, Justice, in Von Schmidt vs. Hun- 
tington, 1 Cal. Rep., 64 ; said of provisions of the Mexican Constitution of 1836, 
which was decided to be subverted by an adverse custom. Thus custom overrides 
written and unwritten law, statutes, and even constitutions, in Spain and Mexico. 
See also, Panaud vs. Jones, 1 Cal. Rep., 500 ; Reynolds vs. West ; Id. 326 ; Tevis 
vs. Peters, 10 Cal., 477 ; Adams vs. Norris, 23 Howard U. S. Sup. Court Rep., 
353; Gregory vs. McPherson, 13 Cal., 573. 

So that when we find a Municipal law of old Spain existing unrepealed upon the 
statute books, we may conclude that it survived both the Mexican Revolution and 
the conquest of California by the Americans; still more strongly, when we find 
such a law still followed and enforced by the Americans themselves after the con- 
quest. For example : the law of the Cortes of Spain, of January, 1813, author- 
izing Pueblo Lands to be sold, and giving only the preference in such sales to the 
residents of the respective Pueblo. Ante, page 20, §§ 1,3, 6, 7, etc. 



No. CLXVII. 

LETTER OF THE ATTORNEY GENERAL, COMMUNICATING, IN 
COMPLIANCE WITH A RESOLUTION OF THE U. S. SENATE 
OF THE SEVENTEENTH OF JANUARY, 1866, INFORMATION 
RELATIVE TO THE CASE OF THE UNITED STATES vs. 
THE CITY OF SAN FRANCISCO. 

[This letter was returned to the Senate at the time when the act of March 8th, 1866, was 
before that body for its action, (ante, page 313, No. CLIII) in reply to the resolution above 
referred to, and is supposed to be the suggestion of Hon. J. S. Black, some time Attorney 
General of the United States, who at the time it was written held a retainer in this very 
case adverse to the claim of the City of San Francisco. Attorney General Speed could, 
of course, know nothing of the case personally, and is, therefore, not responsible for the 
misinformation which was furnished him. The italics and the numerals within brackets have 
been inserted by myself, for the sake of reference.] 

Attorney General's Office, Feb. 13th, 1866. 

Sir — In compliance with the resolution of the Senate relative to the case of the 
United States vs. City of San Francisco, I beg leave to make the following state- 
ment for the information of that body : 

The cause originated in the Land Commission appointed under the act of March 
3d, 1851, being a claim against the United States under a pretended Mexican grant 
[1] for a large tract of land, including that upon which the City of San Francisco 
is built. 

I am, of course, not expected to go at length into the facts upon which the 
claimants rest their assertion of title, or give in detail the reasons which influenced 
the Government in resisting the confirmation. 



344 ADDENDA, NO. CLXVII. 

The claim to the extent to which it is prosecuted has been regarded, I believe, 
by all my predecessors, as well as by all the local law officers under whose notice 
it has come, as unfounded [2]. 

I am requested to state who are interested in the success of the United States. 
To this I reply, that, in my opinion, the entire people of the United States are 
interested in resisting a claim for a valuable part of the public domain, if the claim 
be false and unfounded in fact and in law. To allow such a claim would be very 
injurious to the public finances as well as to the public morals. The United States 
became the proprietors of the land in dispute by virtue of the conquest of Cali- 
fornia and the treaty of cession subject, however, to the stipulation that, if it 
had been previously granted to any person or corporation, the rights cf such 
grantee should be protected. The city corporation is one of several claimants 
under alleged Mexican grants [1]. The United States have acted on the assump- 
tion that the title was in the public ; they have devoted portions of it, I am 
informed, to military, naval, judicial, and sanitary purposes, and other portions of 
it have passed into the hands of private individuals. If the title as now claimed 
by the city, under her pretended grant, be confirmed, the decree will nidlify and make 
void, in my opinion, all the title derived from the United States since the conquest [7] 
and all the titles derived from Mexico under junior grants[6]. 

In such cases as this, the United States are bound in honor and in law to make 
defense against a claim of this character, not only for the protection of their own 
proprietary rights, but for the sake of justice to others [5]. 

The treaty requires us to see that the true owners under Mexican titles are per- 
mitted to enjoy what belongs to them. If we would suffer an honest grantee to 
be deprived of his property, by allowing a pretended grant of earlier date to be 
conclusively established for the same land, we would betray our trust. [6]Neither 
the claims under Mexico, nor those under the United States, [7] have any protection 
except what is given them by this Government ; and our protection is extended to 
them by resisting in the Courts counter claims which may be unfounded. The 
treaty, and the act of 1851, devolve upon us the duty of seeing that justice be done 
in this respect to all parties. 

I am aware that an act of Congress was passed in 1864, by which the United 
States relinquished to the City of San Francisco all their title to lands within the 
city limits, [8] with certain exceptions and reservations, (13 Stat, at Large, 333). 
The United States, by that act, gave to the city all the title which was then vested 
in the Government for all land within the city limits not needed by the Govern- 
ment for its own special uses [8]. The United States could not, in justice to others, 
have given wore [9]. 

The act, therefore, reseiwed the rights of other parties for judicial determination. 
I do not see how the present litigation could be abandoned without impairing the 
rights of those other parties ; because, by such abandonment a title would be 
established, as it seems to me, which would be paramount to that of the United 
States, and cut out the rights of all other grantees from both Mexico [6] and this 
Government [7]. 

The city has not been content with the large and liberal donation made in the 
act of 1864. She has not accepted the title of the United States, thus generously 
and graciously offered, [10] but has preferred to attempt the establishment of a 
title superior to that of the United States, [11] and which, if judicially confirmed, 
would defeat, as Lhave suggested, the right of all other grantees, whether claiming 
under Mexico [6] or of the United States] 7]. 



ADDENDA, NO. CLXVIL 345 

The records op this office afford me no means of ascertaining the names of 
the persons who are interested individually in defeating the claim which is set up by the 
City of San Francisco\\2\. All of which is respectfully submitted by 
Your obedient servant, 

James Speed, 

Attorney General. 
Hon. L. F. S. Foster, 

President pro tern. United States Senate. 

Note. — I do not know which is the more remarkable in this document, the 
ignorance of those facts which the writer ought to know, or his suppression of the 
facts which he did know. But with all its ignorance and suppression it throws a 
great deal of light on the history of the litigation in the Pueblo case. 

[1] "A pretended Mexican grant." The writer does not seem to know that 
the Pueblo claim is not founded upon any Mexican grant, but upon a dedication 
made by a general ordinance of the King of Spain before the year 1598. See the 
Argument, §28. 

[2] Attorney General Cushing for one, admitted the Pueblo claim to be good, 
and consented to its confirmation, and directed the dismissal of the appeal taken 
by the United States District Court from the decree of the Board of Land Com- 
missioners. Many of the District Attorneys have unofficially admitted its validity, 
and most of them have opposed it in the Courts in a mere perfunctory manner. 

[5] " The justice to others," spoken of by the writer, is made apparent when 
we come to consider subsequently what class of titles will be set up to the Pueblo 
lands claiming under the United States [7 J below. 

[6] " Claims under Mexico " must be protected, says the writer, or " we would 
betray our trust." He is here speaking of the consequences of the confirmation of 
the Pueblo Lands by the United States Circuit Court being sustained, which con- 
firmation expressly excepts all lands held under such grants which have been and 
may hereafter be confirmed by the tribunals of the United States. Ante, page 250, 
No. CXXVI. Had the writer ever read this decree ? 

[7] " Claims under the United States." Here the motive of this communication 
appears. What then are the "claims under the United States" which would be 
prejudiced by a confirmation to this city of her Pueblo Lands ? They are the 
following, and none other : 

Preemption claims : 

School Land locations : ante, page 330, § 54. 

Swamp and Overflowed Lands : ante, page 330, § Sec. 51. 

Sioux Half Breed Scrip locations : ante, page 330, § 50. 

If there are any other claims "under the United States," the citizens of San 
Francisco are yet to learn of them. And in behalf of these claims the Pueblo 
title is sought to be defeated. 

[8] The writer understands so little what he is writing about, that he twice 
avers that the act of Congress of 1864 granted to the City of San Francisco all 
the lands "within the city limits ;" whereas, it granted only the lands within the 
chartered limits of 1851, not one-fourth of the lands within the present city limits, 
or of the four leagues of Pueblo Lands. See the act of Congress, ante, page 313, 
No. CLIII. 

[10] "The city has not accepted the title of the United States thus generously 
and graciously offered." On the contraiy, the city desired the donation from the 

23*a 



346 ADDENDA, NO. CLXVIII. 

United States of the land within the chartered limits of 1851 before it was made, 
applied to Congress for it, and procured the legislature of California to sanction 
it beforehand. See the Van Ness Ordinance, ante, page 218, § 10; the act of the 
legislature confirming it, ante, page 216, etc., No. CXII; and the act of Congress 
passed in pursuance of that application, ante, page 257, No. CXXX. 

[11] " The city has preferred to attempt the establishment of a title superior to 
that of the United States." This is what every claimant attempts, who endeavors 
to establish any title under the treaty with Mexico, namely : to establish that the 
lands claimed belong to himself, and not to the United States. 

[12] "The records of this office afford me no means of ascertaining the names 
of the persons who are interested individually in defeating the claim which is set 
up by the City of San Francisco." It is not to be supposed that the private 
retainer book of the distinguished counsel at Washington who is retained against 
the Pueblo claim is kept in the Attorney General's Office ; but that book would 
at least have furnished him with the names of the persons who have employed him 
to defeat the claim, and it is to be hoped that it shows an aggregate amount of 
compensation proportioned to the value of the service. 



No. CLXVIII. 

THE SAN FRANCISCO OUTSIDE LAND BILL PASSED BY THE 
LEGISLATURE OF 1865-6, AND VETOED BY THE GOVERNOR. 

AN ACT TO PROVIDE FOR THE SETTLEMENT OP CERTAIN LAND CLAIMS WITHIN 
THE CITY AND COUNTY OF SAN PRANCISCO. 

The People of the State of California, represented in Senate and Assembly, do enact 

as follows : 

Section 1. The Board of Supervisors of the City and County of San Fran- 
cisco are hereby empowered to release and quitclaim to the parties in possession, 
with the reservations, conditions, and exceptions as hereinafter mentioned and 
provided, all right, title, interest, estate, and claim of said city and county to the 
lands within its present corporate limits situated above the natural highwater mark 
of the Bay of San Francisco and the Pacific Ocean, and without the former cor- 
porate limits of the City of San Francisco, as established and defined in the Act 
to re-incorporate said city, passed April fifteenth, eighteen hundred and fifty -one. 

Sec. 2. Munroe Ashbury, Andrew B. Forbes, and Frank McCoppin are hereby 
appointed Commissioners, who shall be known as the Board of San Francisco 
City and County Land Commissioners, who shall hold office until the trusts and 
duties herein confided to them be completed, not exceeding the term of three years 
from the time of their giving bonds and taking the oath of office as provided in this 
Act, and whose duty it shall be, as soon as practicable after their appointment, to 
ascertain the character and extent of claims and possessions to said lands, and to 
appraise the value of the same, irrespective of the value of the improvements 
thereon, and to perform such other powers, trusts, and duties as may be conferred 
upon them by this Act. 



ADDENDA, NO. CLXVIII. 347 

Sec. 3. Each of said Commissioners shall be required to give bonds for the 
faithful performance of the duties of his office in the sum of ten thousand dollars, 
to be approved by the Mayor and Board of Supervisors of the City and County 
of San Francisco, and shall also be required to take the customary oath of office, 
and that he has no interest directly or indirectly in said lands or any part thereof. 
Said bonds to be filed with the Auditor of the City and County of San Francisco, 
and the oath to be filed with the Board of Supervisors ; provided, that no person 
shall be eligible to be a Commissioner, or a bondsman for any such Commissioner 
or Commissioners, who shall own or claim any portion of said Lands at the time 
of making such bond. 

Sec. 4. The Said Commissioners shall give public notice, by advertising daily 
for one week in two daily newspapers published in the City and County of San 
Francisco, of their intention, and shall, within thirty days after giving bonds and 
taking the oath as provided in the foregoing section, organize as a Board under 
the title of the Board of San Francisco City and County Land Commissioners, 
by the election of a President from among themselves. They shall also appoint a 
Secretary, who shall be required to take the oath of office, and whose duty it shall 
be to keep faithful and distinct minutes of all the proceedings of said Board, and 
shall enter the name of ^ach Commissioner present at each meeting, and record 
the votes of each Commissioner, record the evidence produced before said Com- 
missioner, and shall perform such other dutiesas may be directed by the said Board 
of Commissioners. The office of the Board shall be open and the Secretary shall be 
present during business hours every day, except non-judicial days. Its meetings shall 
take place within the City and County of San Francisco, and may be adjourned 
from time to time ; provided, said Board shall hold a meeting at least once a week 
until the purposes of this act shall be accomplished. A majority of all the Com- 
missioners shall constitute a quorum to transact business, and no order or resolu- 
tion of said Board shall be valid without the assent, by votes in the meetings of a 
majority of the whole number of Commissioners, which votes shall be taken in 
all cases by ayes and noes, and recorded in the minutes, but a smaller number may 
adjourn from day to da} r . Each of said Commissioners shall receive a salary to 
be fixed by the Board of Supervisors, not to exceed the sum of two thousand four 
hundred dollars per annum during their continuance in office. The Secretary of 
said Board shall receive for his salary a sum not exceeding eighteen hundred dol- 
lars per annum. Said salaries shall be allowed and audited by the Auditor, and 
paid in monthly instalments by the Treasurer out of the General Fund of the City 
and County of San Francisco ; provided, said salaries, or any of them, may be 
reduced or discontinued altogether, by an order of the Board of Supervisors, if, in 
their opinion, anything should occur to justify such order. 

Sec. 5. In the event of any vacancy occurring from death or otherwise in said 
Board of Commissioners, the Ma)-or of the City and County of San Francisco, by 
and with the consent of the Board of Supervisors, shall forthwith fill such vacancy 
by appointment ; and should the said Mayor or Board of Supervisors neglect or fail 
to perform said duty, they may be compelled so to do by mandamus upon relation 
of any member of said Board of Commissioners. 

Sec. 6. The Commissioners, or any two of them, shall have power and are 
hereby authorized to make, and execute, and acknowledge, as is hereinafter men- 
tioned, deeds of release and quitclaim to the several parties, in their proper pro- 
portions, who were in the peaceable possession, either by themselves or tenants, or 
by a co-tenant in joint or common tenancy, or by actual and well defined bound- 



348 ADDENDA, NO. CLXVIII. 

aries, on or before the date of the passage of an Act of Congress to quiet 
the title to certain lands within the corporate limits of the City of San Fran- 
cisco, approved on or about the eighth day of March, eighteen hundred and 
sixty-six, and have continued such possession up to the time of the passage of this 
act, (or if interrupted by an intruder or trespasser, such possession has been or 
maybe recovered by process of law, or awarded under the provisions of this act) 
upon the conditions, with the reservations and exceptions, and in pursuance of 
the provisions of this act, of all the right, title, interest, estate, and claim of said 
city and county in and to the lands mentioned in section one of this act, and to 
all the lands described in the decree of the United States Circuit Court for the 
Northern District of California, in the action of the City of San Francisco against 
the United States, or that maybe mentioned and described in any decree that may 
hereafter be made therein ; provided, that no person by himself or as tenant in 
common or joint tenant of an undivided tract, upon a proper partition and allot- 
ment thereof among the co-tenants, shall be entitled to receive as his share more 
than fifty acres of said lands; and, provided, further, that as a condition precedent 
to the delivery of any deed executed as herein mentioned, the several grantees, in 
consideration thereof, shall grant, give, release, and convey to said city and county, 
by good and sufficient deeds of conveyance duly executed and acknowledged, all 
their right, title, and possession to such portion of the same lands of said city and 
county as they may severally or jointly hold or possess in excess of said fifty acres 
per capita, and shall also pay into the Treasury of said city and county, for a tract 
not exceeding ten acres of land, ten per cent of its appraised value; and for every 
additional ten acres, up to fifty acres, ten per cent of the appraised value shall be 
added, thus : there shall be charged and paid for ten acres, ten per cent ; for the 
second ten acres, twenty per cent; for the third ten acres, thirty per cent ; for the 
fourth ten acres, forty per cent ; for the fifth ten acres, fifty per cent of its appraised 
value ; and in the same proportion for fractional quantities. 

Sec. 7. Any patent issued, or grant made or to be made by the United States, 
or any other authority, to the City or to said City and County of San Francisco, 
or its successor, for the said lands or any portion thereof, upon the execution and 
delivery of the several deeds by said Commissioners, shall inure to the use, benefit 
and behoof, of the several possessors in whose favor such release and quitclaim 
shall be made, and their heirs and assigns, as fully and effectually to all intents 
and purposes as if it were issued or made to them individually by name. A 
deceased person's interest may be conveyed to his proper legal representative. 

Sec. 8. Where a tract of land exceeds in quantity the limit herein expressed 
and defined, the claimant or his legal representative shall, before receiving a deed 
as aforesaid, be required to quitclaim and peaceably deliver the possession of any 
surplus so held and claimed to the Commissioners for the use and benefit of the 
City and County of San Francisco, to be disposed of as hereinafter required ; pro- 
vided, the parties respectively whose claims are recognized by the Commissioners, 
shall be authorized and required to locate in one compact body as nearly as possi- 
ble the quantity of land allotted to them, and to which they shall be entitled ; but 
when there are several tenants in common, or joint tenants, claiming an undivided 
tract of said lands and the undivided portion or interest of any one of them therein 
does not exceed fifty acres, the Commissioners may locate the quantity allotted to 
all such claimants in one tract. 

Sec. 9. The Commissioners, with the concurrence of the Board of Supervi- 
sors, are hereby required to cause said lands to be surveyed by the City and County 



ADDENDA, NO. CLXVIII. 349 

Surveyor, and to lay off and reserve one or more public parks, and to lay off, 
appropriate, and reserve sufficient lands for public streets, and provide for defining 
and laying out the same, and to lay off, appropriate, and reserve sufficient lands for 
charitable objects and City Cemetery, and for school, hospital, and engine house 
lots, or for other necessary public purposes, at convenient distances, with a view to 
provide for the wants, health, comfort, and recreation of the inhabitants of the 
city ; provided, that if the lands claimed by any valid claimant shall be taken for 
any of the aforesaid purposes, equivalent allotments shall be provided for them by 
the Commissioners out of the nearest ungranted lands to such valid claim, or 
where this cannot be done, the City shall pay for the lands so taken, excepting for 
public streets, at the appraised value thereof, less the per centage payable thereon, 
as provided in this act, in case it had been awarded to a claimant ; provided, also, 
that the improvements thereon shall be paid for at their full appraised value, said 
appraisment to be made by the Commissioners. 

Sec. 10. Every person claiming to be entitled to a deed of release and quit- 
claim under the provisions of this act shall present to the said Commissioners, 
within two years after their organization, a petition in writing, setting forth mi- 
nutely the value, time of location or purchase, extent and boundaries, with a plat 
and survey of the possession which he claims ; and said petition shall set forth 
such other material facts and be in such form as the Board of Commissioners may 
prescribe. The petition shall be verified by the affidavit of the claimant, or in 
case of the absence from the State of such claimant, by his agent or attorney ; and 
said affidavit shall further state that the claimant has no other interest, either direct, 
secret, or contingent, in his own name or in the name of any other person or per- 
sons, or any agreement for an interest to any portion of the lands authorized to be 
released and quitclaimed under the provisions of this act except the claim so pre- 
sented in writing to said Commissioners. 

Sec. 11. Whenever special surveys shall be required to determine the bounda- 
ries and value of any claim or selected portion of any claim, whether ordered by 
the Board or requested by the claimants or applicants, the expense of such survey 
shall be borne by such claimants or applicants, and no survey shall be received by 
the Board except it shall have been made by the Surveyor of said city and county, 
or one designated by the Commissioners ; and the amount of compensation for 
such survey shall be fixed by the Board of Commissioners at a reasonable rate, not 
to exceed the ordinary charges for such services. 

Sec. 12. The said Commissioners shall have power to examine into and deter- 
mine the validity, quantity, and boundaries of any claim to lands under this act, to 
confirm or reject the same, in whole or in part, and to order deeds to be executed 
in favor of parties who in their judgment may be justly and legally entitled thereto 
under the provisions of this act ; and for that purpose they shall have power to 
hear and determine all conflicting claims and rights set up by different persons 
claiming adversely to each other, and to decide all questions respecting the same ; 
and the decision and decree of the Board of Commissioners as to the rights of ad- 
verse claimants to receive a deed of release and quitclaim under the provisions of 
this act shall be final and conclusive ; provided, when the possession or right of 
possession to said lands or any portion thereof be controverted or claimed adversely, 
and shall, during the continuance of the office of said Commissioners, be prose- 
cuted in and finally be determined by the judgment or decree of some competent 
Court as between the adverse claimants, the Board, upon the application of a 
party in interest, shall receive and adopt such determination and judgment as 



350 ADDENDA, NO. CLXVIII. 

settling the questions of possession between such adverse claimants. The judg- 
ment record, verified by the affidavit of the party thereto using the same, that the 
same was obtained in good faith without any collusion or intent to defraud, shall 
be the only evidence of such judgment or decree, and may be introduced in support 
of a claim presented to said Board. All deeds by the said Commissioners under 
the provisions of this act shall be executed and delivered in their official capacity, 
in the name and in behalf of the City and County of San Francisco, but may be 
subscribed by the Commissioners, in the individual names of said Commissioners, 
or by any two of them, in their own proper handwriting, sealed with their private 
seals respectively, and acknowledged in the form and manner required of private 
persons ; they shall, in substance, recite that the grantee therein named having 
petitioned for the lands therein described, and the same having been awarded to 
him under the provisions of this act, and he having paid the consideration pre- 
scribed by law therefor, the said City and County of San Francisco does grant, 
release, and forever quitclaim and convey to such petitioner all the right, title, 
interest, and estate of said City and County of San Francisco in and to such 
lands, (describing them) and concluding substantially with the formal parts, or 
some of them, usually inserted in deeds of quitclaim. Such deeds shall not, in 
fact or in law, contain or be construed to contain any express or implied covenant 
or warranty of title, possession, or otherwise, on the part of said city and county, 
but shall be held and construed, so far as said city and county is concerned, to con- 
vey to the grantee therein named all the right, title, interest, and estate of said 
city and county, both as against the said city and county as a corporation and the 
inhabitants of said city and county. 

Sec. 13. The City and County of San Francisco may appear by attorney at 
any time before the Commissioners, in opposition to any claim which may be pre- 
sented for adjudication. 

Sec. 14. The Board of Commissioners shall be authorized to employ such 
additional clerical force as may be found necessary to carry on the business of the 
Board, and record its proceedings, etc. ; the compensation to such clerk or clerks 
to be fixed by the Board of Supervisors, and to be paid for out of the General 
Fund of said City and County of San Francisco, in the manner heretofore provided 
for the payment of the salaries of said Commissioners. 

Sec. 15. The Board of Supervisors are required to provide an office or offices 
for the use of said Commissioners, within the City and County of San Francisco, 
and order paid out of the General Fund all necessary incidental expenses of said 
office. 

Sec. 16. The residue of the said lands shall be sold at public sale, under the 
directions of the Commissioners, in such quantities, not exceeding one hundred 
varas square, and upon such terms as will enable persons of limited means to pur- 
chase. Said Commissioners are authorized and empowered to make, execute, 
acknowledge, and deliver deeds of release and quitclaim, as herein provided in 
other cases, with the proper change of recitals to purchasers, upon payment of the 
purchase money ; such deeds shall be of the same force and legal effect, and as 
near as may be shall conform to the directions contained in section twelve of this 
act. 

Sec. 17. The proceeds of such sales, as well as all moneys received for grants of 
lands made as aforesaid, shall be paid into the Treasury of the said city and county, 
and shall constitute a fund to be known as the Outside Land Fund, to pay for lands 
taken for the purposes herein mentioned, and in the manner heretofore expressed, 
and for the improvement of the grounds reserved for a public park or parks. 



ADDENDA, NO. CLXVIIL 351 

Sec. 18. At the termination of said Commission the minutes of the proceed- 
ings of the said Commission, and all books containing the record of evidence on 
the subject of claims presented to said Commissioners, and all books of record per- 
taining to the proceedings of said Commissioners, shall be deposited in the office of 
the Eecorder of the City and County of San Francisco, and shall be of the same 
force and effect as evidence of the records of said city and county as may be pro- 
vided by existing or any subsequent provisions of law ; and before said Commission 
shall have terminated, all said books shall be open to the public between the hours 
of ten a.m. and four p.m., daily, Sundays and holidays excepted. 

Sec. 19. The said Board of Supervisors shall have full power and authority to 
establish all such rules and regulations not in conflict with the provisions of this 
act as they shall deem necessary and proper for carrying the provisions thereof 
into complete effect, and for the absolute and final granting, quitclaim, and dispo- 
sition of the lands mentioned in the first and fifth sections of this act in favor of 
the parties rightfully entitled to and claiming the same under the provisions here 
inbefore contained ; and for the purpose aforesaid, to make all orders and authorize 
to be done all acts and things necessary and proper in the premises confirmatory of 
the action of said Board of Commissioners. 

Sec. 20. The Board of Commissioners and each of its members shall have power 
to administer oaths and affirmations, examine witnesses, take testimony and deposi- 
tions, in accordance with rules and regulations the Board may adopt for its govern- 
ment ; and the Clerk of the said city and county, upon the application of any party 
in interest, is authorized and required, upon payment of the legal fee therefor, to 
issue subpoenas from and out of the County Court of said city and county, for the 
appearance of witnesses before said Board of Commissioners. Such subpoenas may 
be served as is provided by law in other cases; and any disobedience of, or refusal 
to obey such subpoena, may be punished by said County Court in the same manner 
as is provided for in cases pending before said County Court. 

Sec. 21. All money paid out of the General Fund under the provisions of this 
act, shall be returned to said fund from the Outside Land Fund as soon as the same 
is received into the Outside Land Fund, and the Treasurer is hereby authorized to 
make such transfer. 

Sec. 22. The Auditor of said city and county is hereby directed to audit, and 
the Treasurer thereof to pay, all sums authorized to be paid under the provisions 
of this act, after the same have been allowed by the Board of Supervisors, and not 
before. 

Note.— For the veto of the Governor, see Addenda No. CLXIX, next following. 



352 ADDENDA, NO. CLXIX. 



No. CLXIX. 

VETO OF THE GOVERNOR OF CALIFORNIA OF THE OUTSIDE 
LAND BILL IN THE NEXT PRECEDING ADDENDUM, APRIL 

2d, 1866. 

[Xote. — The numerals in brackets are inserted by myself for convenience of reference.] 

Sacramento, April 2d, 1866. 

To the Assembly of California : 

I herewith return, without my approval, Assembly Bill No. 544, an Act to pro- 
vide for the settlement of certain land claims within the City and County of San 
Francisco. 

The bill makes provision for disposing of all the lands situated above high water 
mark, which are within the present corporate limits of the city, without the charter 
limits, as defined by the Act of 1861. The authority for this action by the Legis- 
lature is derived from the Act of Congress [I] approved on or about the 8th of 
March, 18G6, which is in the following words : 

" That all the right and title of the United States to the land situated within the 
corporate limits of the City of San Francisco, in the State of California, confirmed 
to the City of San Francisco by the decree of the Circuit Court of the United 
States for the Northern District of California, entered on the 13th of May, 1865, 
be and the same are hereby relinquished and granted to the said City of San Fran- 
cisco and its successors ; and the claim of the said city to the said land is hdreby 
confirmed, subject, however, to the reservations and exceptions designated in said 
decree and upon the following trusts, namely, that all the said land, not heretofore 
granted to said city, shall be disposed of and conveyed by said city to parties in the 
bona fide actual possession thereof, by themselves or tenants, on the passage of this 
act, in such quantities and upon such terms and conditions as the Legislature of 
the State of California may prescribe, except such parcels thereof as may be re- 
served and set apart by ordinance of said city for public uses ; provided, however, 
that the relinquishment and grant by this act shall not interfere with or prejudice 
any valid adverse right or claim, if such exists, to said land or any part thereof, 
whether derived from Spain, Mexico, or the United States, or preclude a judicial 
examination and adjustment thereof." 

From the Act of Congress and the Decree of the Circuit Court referred to 
therein and made a part of it, the following propositions seem to me clear : 

1 st. That the lands in question are confirmed and granted to and vested in the 
City of San Francisco. 

2d. That the confirmation and grant are made upon an express trust ; the terms 
of which neither the city nor the Legislature have any power to modify [2]. 

3d. That the lands are to be disposed of and conveyed " by the city," and can- 
not, consistently with the Act of Congress, be disposed of or conveyed by any 
other person or authority, although such disposition and conveyance may be made 
" in such quantities and upon such terms and conditions as the Legislature may 
prescribe" [3]. 

4th. That certain lands to be reserved for public uses are excepted, and that 
those lands can only be reserved and set apart by " Ordinance of the City," and 



ADDENDA, NO. CLXIX. 353 

that mode being prescribed in the Act of Congerss, no other can be authorized by 
the Legislature [4]. 

5 th. That the lands to be disposed of and conveyed to private persons must be 
conveyed to parties in the "bona fide actual possession thereof," by themselves or 
tenant, at the date of the passage of the Act of Congress [5]. 

6th. That as the lands reserved for public uses are, by the exact terms of the 
Act of Congress, to be designated and set apart by ordinance of the city, the Leg- 
islature cannot, in advance, specify and define the specific purposes for which the 
reservations are to be made, so as to take away or limit that discretion which the 
Act of Congress rests absolutely in the Municipal Government [6]. 

7th. That under the Act of Congress, the lands to be granted to individuals 
must and can only be conveyed to those in possession ; that this possession must 
be actual, not merely constructive ; that it must have existed at the date of the pas- 
sage of the Act of Congress, and it is not in the power of the Legislature to exact 
in regard to the time or the character of the possession more or less than Congress 
prescribed [7 J. 

In my opinion, the provisions of the bill are in conflict with all of the foregoing 
propositions. It is true, the first section in general terms empowers the Board of 
Supervisors to release and quitclaim the lands, but all that follows is in direct con- 
flict with this section, for it provides for the conveyance and disposition of the lands 
without the consent or any action of the city, and by authorities entirely independ- 
ent of the municipal government [8]. A Commission is instituted and organized, 
all the Commissioners named, and their powers and duties prescribed by the Leg- 
islature, in which Board is vested the power of conveying the lands, designating 
and setting apart for public uses such portions as the Board may deem proper; of 
determining all claims, of making sale of the residue of all lands not granted to 
parties in possession or reserved for public use, and making a final disposition of 
the whole subject. In all this the city has no voice, except that in surveying the 
lands and reservations for public uses the Commissioners are to act "with the con- 
currence of the Board of Supervisors." But by the Act of Congress the power to 
dispose of and convey the lands, and to designate and set apart the portions re- 
served for public uses under the restrictions named, is vested in the city alone, and 
the latter pow r er can only be exercised by ordinance. This power, confided by 
Congress to the city, cannot be shared with any other authority, nor can any other 
authority exercise it with the concurrence of the city or of the municipal council or 
government. It is a power and trust to be exercised within the terms of the in- 
strument conferring it. The Legislature, in attempting to divest the city of it and 
to place it in the hands of a commission independent of the city, has, I think, 
transcended its authority [8]. The Legislature can only prescribe in what quanti- 
ties and upon what terms and conditions the city shall dispose of and convey the 
lands. The reservation of portions for public uses must be done by ordinance of 
the city, and not by Act of the Legislature, or by any Commission established and 
acting independent of the municipal government. By the terms of this bill, the 
only participation which the city or its proper officers is allowed to have in the 
whole transaction, appears to be to approve the bond of the Commissioners, to pay 
their salaries, to provide them with an office, clerk, and whatever else may be re- 
quired by the Commissioners, and to be allowed to appear before the Commission- 
ers by attorney. The city is allowed to bear the burdens of the Commission, es- 
tablished without its consent or participation, but is not allowed to exercise the 
authority which, by the Act of Congress, is conferred upon the municipal corpora- 

24* 



354 ADDENDA, NO. CLXIX. 

tion exclusively. It is true that, by the 18th section of this bill, the Board of Su- 
pervisors are empowered to establish all such rules and regulations, not in conflict 
with the provisions of the Act, as they shall deem necessary and proper for carry- 
ing its provisions into effect, etc. This gives no power, for the Legislature by this 
bill has itself established all the rules which are of any essential importance [8]. 

The Commissioners are also, in the deeds that they are to give, to use the name 
of the City and County of San Francisco, and to recite that the City and County 
grants, etc., while they are to execute the deeds without the cooperation of any 
municipal board or officer. This can in no proper sense be deemed or constructed 
to be the act of the City so as to comply with the Act of Congress. Again, by 
the Act of Congress, the possession requisite in parties claiming lands under it, is 
to be actual possession, while this bill provides that deeds of conveyance shall be 
given to the parties in peaceable possession, which can hardly be construed to mean 
one and the same thing. Neither the Legislature nor the City can recognize as a 
valid claim to land any possession which is not aclual and bona fide. [7.] 

The bill further transcends the power granted by the limitations of the Act of 
Congress, by recognizing as a valid claim any possession whatever which is not 
merely " by actual and well defined boundaries." It is easy to conceive that 
" actual and well defined boundaries " might be laid off to any tract of land, 
however great or small, and might exist for any length of time without the shadow 
of actual possession. 

It is too clear to admit of discussion, that to convey the public lands to parties 
claiming them on such grounds would be in violation of the trust created by the 
Act of Congress, even though it were done by the City, much more if done by any 
other authority. Again, while the Act of Congress requires that the lands should 
be disposed of in favor of the parties in possession by themselves or tenants, this 
bill authorizes such disposition to be made in favor of those in possession by them- 
selves or tenants, " or by a covenant in joint or common tenancy." If these 
words are intended to mean anything more or less than simply " tenants," as that 
term is used in the Act conferring the trust, then they are in conflict with it, and 
this bill in that respect would fail to carry out the trust. 

In addition to the objections already stated, founded on its repugnance to the 
Act of Congress, there are still others relating to the powers of the Commissioners 
which seem to me worthy of serious consideration. These Commissioners are 
vested with unrestricted power to appraise all the lands to which the provisions of 
the bill relate ; to take possession of, and set apart for certain enumerated public 
purposes, any lands in any quantities, improved or unimproved, whoever may 
claim or possess them, and having taken away the lands of parties having a valid 
title to them, to give them " equivalent allotments out of the nearest ungranted 
lands," which means, I imagine, that they shall be given any lands most con- 
tiguous, not granted by the Commissioners, whoever may own or occupy them, or 
when this can not be done, the City is to pay for the lands so taken at the appraise- 
ment of the Commissioners, whose award shall be final and conclusive. [8.] 

The Commissioners are to ascertain the character and extent of claims and pos- 
session of said lands, to determine the validity, quantity, and boundaries, to hear 
and determine all conflicting claims and rights set up by parties claiming adversely 
to each other, and their decision on all these subjects is to be final. And all this 
to be done without regard to any rule of law or evidence, or any legal form what- 
ever. Parties are allowed to resort to the Courts for the determination of con- 
flicting claims, but the Commissioners are not bound by the judgments unless the 



ADDENDA, NO. CLXIX. 355 

suit be finally determined " during the continuance of the term of office of the Com- 
missioners/' which cannot extend beyond three years. With regard to the quan- 
tity of land that may be taken and appropriated by them for any of the public 
objects designated in the bill, there does not appear to be any limitation. This is 
left to their own discretion. It is also extremely doubtful whether the unlimited 
power of adjudication upon the rights of parties which is conferred upon the Com- 
missioners by the twelfth section of the bill, can be reconciled with the provisions 
of the Constitution. 

The bill, if it were to become a law, could scarcely fail to give rise to expensive 
and protracted litigation, and would, in my judgment, entirely fail of the end for 
which it is intended. Its tendency would be to disturb and unsettle, rather than 
settle land titles in San Francisco. 

Fred'k F. Low, 

Governor. 

While I gladly take this opportunity to recognize the firmness, intelligence, and 
integrity with which the Executive has discharged the duties of his high office, 
I cannot refrain from believing that the legal propositions contained in his Veto 
Message were supplied to him from a source which was clouded by interest or 
prejudice : for, to a lawyer who understands the subject, some of them are of the 
most astounding character. 

Notes.— I shall deal very summarily with the legal propositions of this remarkable 
document. 

[1.] " The authority for this action of the Legislature is derived from the Act of Congress 
approved on or about the eighth of March, 1866, which is in the following words :" says 
the message. This is an assumption which is not founded in fact. The utmost that could he 
said would be that the Act of the Legislature had a double aspect, like the Van Ness Ordi- 
nance, and was intended to dispose of the title of the city, ivhether it was derived from the 
Pueblo claim, or from the Act of Congress. But even this is not the case ; the act itself 
recognizes the Pueblo title, for the act of Congress is only once mentioned, and that not as 
ndicating the source of title, but for the purpose of affixing a convenient date of possession 
in the claimant; see section six, of the Act, in the next preceding Addenda : and that very 
section six not only indicates the decree of the Circuit Court as the present recognized 
source of title, but also provides for the contingency of the modification of the existing 
decree, and the making of a new one, and the relinquishment of the Pueblo title under any 
and all decrees. 

[2.] " The confirmation and the grant are made upon an express trust, the terms of which 
neither the city nor the Legislature have any power to modify:" is the language of the 
message. If this is so, then the Van Ness Ordinance is void, for the Legislature and the 
city did, in that memorable instance of beneficial legislation, attempt to " modify " the trusts 
under which the city held the lands described in it, whether the same were held under the 
Pueblo title, or under the Act of Congress which is recited in the Addendum, ante, page 
214, CXI. But the proposition of the Message happily is not law. The legislatures of civ- 
ilized communities always had power to alter the mode of executing public trusts, provided 
the beneficial purposes of the donor were accomplished. See § 100, of the argument, and 
cases there cited; Tallant vs. Woods, 7 Cal. Pep., 584; Thomson vs. Hooker, 14 Cal. Eep., 
11; Babcock vs. Middleton, 20 Cal. Kep., 643. 

[3.] The message does not appear to recognize the doctrine of agency, and by implication 
asserts that the Legislature had no power to direct the Commissioners of the Sinking 
Fund to convey to the Commissioners of the Funded Debt " all the property and all the 
rights, titles, and interests in property belonging to said city,'' as it did direct them to do 
by the Funding Act of 1851, and as the said Commissioners of the Sinking Fund actually 
did do. See the law, ante, page 198, Addenda No. CVI, § 12, and the conveyance, ante 
page 199, No. CVII. The term " forced agent " does not seem to enter into the vocabulary 



356 ADDENDA, NO. CLXX. 

of the veto message; nor the proposition that a municipal corporation which depends for 
its existence upon the will of the Legislature, is completely in its power. People vs. Coon, 
25 Cal., 639. 

[4.] By this act the Legislature expressly reserves the power to the Board of Supervisors 
" to establish such rules and regulations as they shall deem necessary and proper for carry- 
ing thereof into complete effect." See section 19. Under this provision they could pre- 
scribe, and doubtless would have prescribed, that no conveyance or reservation of lands 
should be made until it had been reported to and approved by ordinance of the Board of 
Supervisors. This was the mode in which the reservations for public uses, and the rest of 
the Western Addition were approved under the Van Ness Ordinance. See ante page 216, 
No. CXII; and page 285, No. CXLVI. The Commission created by this act of the Legis- 
lature was thus in fact only a committee outside of the Board of Supervisors created for 
the purpose of preparing and reporting proposed measures to that Board, which when 
approved by the ordinances of that body, they were empowered to carry into effect ; and 
both the Common Council and the Legislature-approved of these acts after they were done* 
in the case of the Van Ness Ordinance. 

[5.] If the words "bona fide actual possession " are used in the Act of Congress, and 
the act of the Legislature is passed in execution of that Act of Congress, using merely the 
word " possession," and the question arises " what kind of possession is meant?" of course 
the answer would be: " that kind of possession which is defined in the Act of Congress." 

[6.] This is already answered above under [4.] 

L7.] This is only a reiteration of [5] aud is answered alone under [5]. 

[8.] This is only a reiteration of [4], and is answered above under that head. 

It certainly illustrates the hardships to which tho holders of real estate are subjected in 
the city of San Francisco, when we find the Governor of the State repudiating the Pueblo 
title, which no Governor either Mexican or American ever denied before him: (see argu- 
ment, §134;) and laying down legal propositions, which, if true, not only overturn all 
titles under the Van Ness Ordinance, but also deny all title whatsoever to the city in the 
Outside Lands. For, if the Legislature cannot modify the execution of a beneficial public 
trust, or cannot adopt and confirm the previous action of a municipal corporation, then 
the Van Ness Ordinance is void. The municipal corporation canuot accept the trust 
created by the Act of Congress of March 8th, 1866, (ante, page 313, Addenda, No. CLI1I,) 
without the consent of the Legislature. The city has, therefore, nothing but the Pueblo 
title to repose upon in the distribution of the Outside Lands; but the holders of real estate 
may rest assured that not one of the propositions of the Governor's veto message is sound 
law, and that the Van Ness Ordinance is valid, as well as the Pueblo title. 



No. CLXX. 

CONSIDERATION OF THE FINAL QUESTION: WHAT ARE THE 
SOURCES OF TITLE TO THE MUNICIPAL LANDS OF 
THE CITY AND COUNTY OF SAN FRANCISCO ? BY WHOM 
CAN SAID LANDS BE DISPOSED OF? AND IN WHAT 
MANNER 1 

Having finished such a selection of those legislative and other acts as seemed 
desirable in order to make this collection a property handbook for the executive 
and legislative departments of the municipal government, I shall now, in conclu- 
sion, proceed to discuss the above questions, which at the present time are of most 
pregnant interest. Those portions of the Pueblo lands of the city which still 
remain undisposed of, and which are commonly known as " the Outside Lands," 
because they lie outside of the Charter Line of 1851, are for the most part claimed 
in private ownership, but are not in the " actual .possession " of any one. The 



ADDENDA, NO. CLXX. 357 

claimants generally will not pay taxes on them, and the city always withdraws 
them from the sales for delinquent taxes, for fear of being estopped from reclaim- 
ing them from the purchasers at such sales. The claimants dare not make valuable 
improvements upon them, on account of the insecurity of their title ; and, altogether, 
these lands are in a condition which is most unprofitable and unsatisfactory to the 
city and to its inhabitants. 

The present Board of Supervisors, appreciating the importance of a final 
and practical removal of the difficulty, endeavored to give it an immediate solution 
by the creation of an Executive Board outside of their own body, to whom was to 
be intrusted the vast labor of making distribution of Outside Lands to the claimants 
of the same, subject to the approval of the Board of Supervisors ; and wishing in 
so important a matter to obtain the direction and advice of the Legislature, and 
permission to employ agents to finish the work when they had approved it, 
and also to realize something from sales of a portion of these lands, caused 
a proposed law to be prepared for that purpose, which was so judicious in 
its provisions as to meet with almost universal acceptance, even from a large 
majority, both in numbers and interest, of the adverse claimants of the municipal 
lands. This proposed law was passed by both branches of the Legislature by large 
majorities, but was vetoed by the Governor, at so late a period of the session as to 
preclude any further action upon it. See Ante, pages 346-356. 

What are the sources of title to the Municipal Lands of the City 
and County of San Francisco ? 

This question is capable of two different solutions, depending wholly upon what 
basis is accepted as a starting point ; and of such bases there are two, namely : 

I. A Legislative Gra.nt made by Act of Congress : 

II. The Grant made to the Pueblo or San Francisco by the Kings 
of Spain, and Confirmed to this City by Mr. Justice Field in 
the Circuit Court of the United States. 



DIVISION I. 

The Legislative Grant made by Act of Congress. 

By an Act of Congress, approved March 8th, 1866, entitled an act to quiet the 
title to certain lands within the corporate limits of the City of San Francisco, it 
was enacted as follows. 

" That all the right and title of the United States to the land situ- 
ated within the corporate limits of the City of San Francisco, in the State of Cali- 
fornia, confirmed to the City of San Francisco by the decree of the Circuit Court 
of the United States for the Northern District of California, entered on the eight- 
eenth day of May, 1865, be, and the same are hereby relinquished and granted to 
the said City of San Francisco, and its successors, and the claim of the said land 
is hereby confirmed, subject, however, to the reservations and exceptions des- 
ignated in said decree, and upon the following trusts, namely : that all the said land, 
not heretofore granted to said city, shall be disposed of and conveyed by said city to parties 
in the bona fide actual possession thereof, by themselves or tenants, on the passage of this 



358 ADDENDA, NO. CLXX. 

act, in such quantities and upon such terms and conditions as the Legislature of the State 
of California may prescribe, except such parcels thereof as may be reserved and set 
apart by ordinance of said city for public uses ; provided, however, that tiie 

RELINQUISHMENT AND GRANT BY THIS ACT SHALL NOT INTERFERE WITH, OR 

prejudice any valid adverse right or claim, if such exists, to said or any part 
thereof, whether derived from Spain, Mexico, or the UNITED STATES, 
or preclude a judicial examination and adjustment thereof." 

It will be observed, in the outset, that this Congressional grant does not assume 
to grant to the City of San Francisco any interest in said lands except "the right 
and title of the United States", and it needs no argument to show that the United 
States could grant no greater interest than they possessed. If therefore the United 
States once possessed these lands as part of their public lands, and had vested any 
third persons with any claim or right to any portion of them, before this Act of 
Congress was passed, then the city would, under this act, receive the Pueblo lands 
subject to such adverse claim or right. The whole theory of this Act of Congress 
is that the lands are public lands of the United States, and that all the intei-est in 
them which the United States ever had, and have not since parted with, is granted to 
the City of San Francisco. It therefore becomes necessary to inquire what 
" adverse claim or right " may be asserted to them and alleged to be valid, because 
derived from the United States before this act was passed. 

1. Swamp and Overflowed Lands. All the swamp and overflowed lands 
in California were granted by the United States to the State of California by the 
Arkansas Act of 1850. See Addenda, No. CLXIV, page 335. If, therefore, 
these were public lands of the United States, then all the marsh lands in the City 
and County of San Francisco belong to the State of California because they were 
granted to it as soon as it became a State. And under this description of swamp 
and overflowed lands the State would own that vast tract of ground which was 
marshy until it was filled up, embracing most if not all the lands bounded by 
Third and Mission streets, the tract known as Puss's Garden, and the Mission 
Bay, as will be apparent by consulting the old maps of the city and those 
published by the Coast Survey. There are probably ten thousand male 
residents of California who can attest that this marsh could not be traversed by 
any vehicle, nor by man or beast at any point east of Mission street, nor even on 
that street, until a bridge was built about the year 1 850 by the Mission Street Plank 
Road, some twenty feet high, and supported from broad platforms of plank and 
timber laid flat upon the surface of the marsh, and sinking into it so as to form 
pools of water above the surface. 

2. Pre-emption Claisis. A very large portion of these lands are covered 
with pre-emption claims, which were located before the passage of the Consolida- 
tion Act of 1856, and outside of the city limits as they existed at the time of the 
location ; they were therefore not within the limit of the city at the time of their 
location. 

3. School Land Warrants have been located on a large and very valuable 
portion of these lands. See Addenda, No. CLXV, ante, page 336. 

4. Sioux Half Breed' Scrip, it is currently reported, has been very exten- 
sively located on extensive and valuable tracts of these lands, respecting which see 
Addenda, No. CLXIL, page 330, Subd. 50. 



ADDENDA, NO. CLXX. 359 

These claims under Pre-emption, School Warrant and Half-Breed Scrip loca- 
tions are sometimes held up to ridicule because it is supposed they are wholly 
invalid; but their validity is to be determined by the Commissioner of the 
Land Office at Washington, who has the power to decide, upon affidavits sent 
to him, whether or not a patent shall issue to the claimants, and if it does issue, 
that is practically either the end of the matter, or the commencement of a long 
and doubtful litigation. The provision in the above act of Congress of March 
8th, 1866, for a ''judicial examination and adjustment thereof," means sim- 
ply that the Commissioner of the Land Office may be kept by the Courts within 
the lines marked out for him by statute, but it does not mean that the Courts 
can alter or control his judicial decisions upon questions of fact. The persons 
who have made these locations are intelligent men, and are generally under- 
stood to have been very certain of obtaining patents for the lands from the Uni- 
ted States, in case they were held to be Public Lands, and the Pueblo claim was 
defeated. It is a historical fact, that for some reason or other, the Land Office at 
Washington is not a tribunal which has won either the confidence or the affection 
of the people of California. Under this Congressional grant the city would there- 
fore certainly lose all its Swamp and Overflowed Lands ; and probably all the lands 
covered by Pre-emption claims, School Land Warrants, and Half-Breed Scrip ; 
or, if she did not lose these latter, the title to them would be involved in long and 
expensive litigation, which would probably outlast the present generation.* Again : 
under the Decree of Confirmation of the Pueblo Lands, as made by Mr. Justice 
Field in the Circuit Court of the United States, the confirmation is made to the 
city, "in trust, for the benefit of the lot-holders, under grants from the Pueblo , 
"Town or City of San Francisco, or other competent authority, and as to any 
"residue, in trust for the use and benefit of the inhabitants of the 
"city." See ante, Addenda, No. CXXVI, page 250. This was precisely the 
same trust under which the Pueblo held these lands. But the above Act of Con- 
gress of March 8th, 1866, substitutes an entirely different trust, namely : not for 
all the inhabitants of the city, but "that all the said land not heretofore granted, 
" to said city, shall be disposed of and conveyed by said city to the parties in 
"the bona fide actual possession thereof, by themselves or tenants, on 
"the passage of this act, in such quantities, and upon such terms and conditions 
" as the Legislature of the State of California may prescribe, except such parcels 
" thereof as may be reserved and set apart by ordinance of said city for public uses." 
The city must therefore first obtain the consent of the Legislature of California, 
two years hence, in order to enable it to accept this new trust, under this Act of 
Congress, and then, after the Swamp and Overflowed Lands are lost, and the claims 
under Pre-emptions, School Warrants and Half-Breed Scrip are disposed of; out 
of the remainder reservations may be made of some "parcels" for public uses, 
and the rest will pass over to the parties in possession on March 8th, 1866. 

Other curious questions present themselves under this Act of Congress. If the 
lands which purport so be donated by it were all actually occupied at the time of 

♦There are multitudes of claimants under Spanish and Mexican grants, made more 
than twenty years ago — some made even by the King of Spain — whose grants have 
been confirmed by the Courts of the United States, but which have not yet been finally 
surveyed. The citizens of California have recently had occasion to experience, in the Sus- 
col Ranch cases, the length to which a Commissioner of the Land Office may carry his 
insolence and tyranny, and violate the law. It was only by accident that he was defeated, 
and his own removal in office procured. Such accidents do not often occur. 



360 ADDENDA, NO. CLXX. 

the passage of the Act, then these actual occupants would hold them under this 
act. But if any such were not so occupied, to whom would they belong? Would 
they not revert to the United States, under the principle that when a trust has been 
completely executed, or fails for want of a beneficiary or a valid appointment, the 
estate which remains undisposed of reverts to the donor, which in this case is the 
United States? 

Again : it is claimed that this Act of Congress gives a remedy in Court to such 
grants as those of Pina and Marchina : Addenda, No. XCVI, page 180, and 
Addenda, No. XCVI, page 179, which were never presented to the Land Com- 
mission for confirmation, and allows them to be brought forward now for "a judi- 
cial examination or adjustment thereof." And some of the claimants under the 
alleged grants of Santillan, Guerrero and Benito Dias, ante, page 175, Addenda, 
No. XCII; page 95, Addenda, No. LXVI ; and page 101, Addenda, No. LXX 
are asserting that they, also, although their claims have been once rejected, are 
allowed a new opportunity to litigate them, not with the United States, indeed, but 
With private claimants under the city, in the Courts of the State. I do not mean 
to express an opinion that the views of these claimants can be sustained ; but it is 
well known that they are seriously entertained, and that they will be made the 
basis of future litigation, if it is once admitted that the Pueblo title under the judi- 
cial confirmation by the Court has failed. 

Such are some of the consequences which would result from the acknowledg- 
ment that these were public lands of the United States, and from an attempt to 
derive a title to them only by this Act of Congress. The City would probably get 
nothing except a few parcels reserved for public uses, and even that only after 
almost interminable litigation with all these classes of claimants. 



DIVISION II. 

The Title made under the Judicial Confirmation by the Courts 
of the Claim by the City to its PUEBLO LANDS. 

This confirmation is based upon the theory that these lands, for many years 
before the Conquest of California by the United States, belonged to the Pueblo of 
San Francisco, and were held by it in trust for the benefit of all the inhabitants, 
and have since been transmitted to the City of San Francisco, as the successor of 
the Puchlo, charged with the same beneficent trust. The Pueblo Title therefore 
possesses these advantages : 

1. The Swamp and Overflowed Lands are secured to the city, for these 
are included in the Spanish grant, which extended to ordinary highwater mark, 
and embraced all the lands above that line. People vs. Morrill, 26 Cal., 336 ; 
United States vs. Pacheco, 2 Wallace, U. S. Sup. Ct. P., 587. Ante, page 325, 
No. CXLIII, "Pueblo Lands." Moreover, these swamp and overflowed or marsh 
lands, although included within the lines of the grant, are not estimated in the 
computation of the area; but the four square leagues are made up of solid land 
without computing them, so that the city gets them in addition to the four square 
leagues. See § 30 of the Argument. 

2- The Pre-emption, School Warrant, and Half Breed Scrip Loca- 
tions are effectually disposed of; for if these lands were not public lands of the 



ADDENDA, NO. CLXX. 361 

United States, but municipal lands of the Pueblo, afterwards City of San Fran- 
cisco, no such location could be made by private parties, or confirmed by the 

United States. 

3. It leaves the title to the remaining Pueblo lands vested in the Municipal 
Corporation known as the City and County of San Francisco, in trust for the bene- 
fit of the inhabitants thereof, the same as it was under the laws of Spain and 
Mexico, and subject to be applied at once to the purposes of that trust by the 
Board of Supervisors, without any recourse to the Legislature, or any further stat- 
utory authority whatsoever, as will appear in Division III of this Addendum. 



DIVISION III. 

In whom are the Pueblo Lands Vested? By whom can they be 
Disposed of? And in what Manner ? 

I answer : the title to the Pueblo lands is vested in the Corporate City and 
County of San Francisco, subject to be disposed of by its Board of Supervisors, 
without any further authority from the Legislature of the State. This will clearly 
appear from the following summary of historical and legislative facts : 

1. The title, to the four square leagues of Pueblo lands was first vested in the 
Pueblo. See §§ 28, 38, 43, 44, of the Argument. It was not necessary that the 
Pueblo should have a corporate existence in order to own this land ; but the 
Pueblo of San Francisco was in fact a corporation. See §§ 135, 82, of the 
Argument. 

2. The lands so held by the Pueblo were held in trust for all the inhabitants, 
that is to say, a portion was held for town buildings ; a portion to be rented ; a por- 
tion to be granted as building and sowing lots : a large portion was occupied 
for town buildings, streets, and squares ; a portion to be rented for municipal 
revenue (propios) ; a portion to be granted for building and sowing lots (solares and 
suertes) ; a large portion, just outside of the settlement, was used as a vacant 
suburb (ejidos) ; and the remaining portion, lying outside and larger than all the 
rest, was occupied as the great cattle pasture {dehesas) ; and for commons of 
wood and water (monies y aguas). See the Argument, §§ 28, 10, 11, 13, 14, 15. 
Hart vs. Burnett, 15 Cal. Rep., 530. The Governor was the person first intrusted 
with the distribution of building and sowing lots; afterwards, in 1781 and 1789, 
he was authorized to appoint Commissioners for that purpose, ante, page 7> 
Addenda, No. IV, § 17; page 14, Addenda, No. VII, § 17; and finally, in 
1791, Captains of Presidios were authorized to distribute the Pueblo lands in the 
Pueblos which were growing up under their protection : ante, page 17, Addenda 
No. VIII. Thus, as late as the year 1791, we have Pueblos owning four square 
leagues of land, and Captains of Presidios, who were the Chief Magistrates of 
the Pueblos growing up around them, (al abrigo del Presidio) distributing building 
and sowing lots among the inhabitants of the Pueblos, but with no authority 
vested in any one except the Sovereign to dispose of any of the other property of 
the Pueblo. 

3. But in the year 1813, the Cortes of Spain, which at that time not only exer. 



362 ADDENDA, NO. CLXX. 

cised sovereign authority throughout all the vast dominions of Spain, but actually 
assumed the title of Majesty, decreed that all the lands of the Pueblos, except the 
suburbs immediately outside of the settlements, (ejidos) should be divided up into 
convenient parcels, and conveyed in private ownership. These proceedings were 
to be conducted by the Ayuntamientos, or Common Councils of the Pueblos, ante, 
page 20-23, Addenda, No. XI, §§ 1,17. This was a modification of the trust 
which the Legislature had a right to make, for the Legislature is the superior visi- 
itor of all public trusts, and can alter the mode of their execution, provided the 
intended result — which in this case was for the benefit of the inhabitants — is thereby 
better attained. See § 100 of the argument, and cases there cited. See also Tal- 
lant vs. Woods, 7 Cal. Rep., 584 ; Thornton vs. Hooper, 14 Cal. Rep. 11 ; Babcock 
vs. Middleton, 20 Cal. 643. So in the year 1813, we have Pueblos owning four 
square leagues of land, and their Ayuntamientos possessing the power to dispose of 
them. In 1821 the Mexican Revolution occurred, but this law of 1813 was not 
affected by it because it was a law relating to private property, namely, the private 
property of Pueblos. See §$ 100, and 53 of the argument. The Mexican jurists 
still publish this law among those which are still in force. See Addenda, No. 
CLXV, page 338, concerning the Leyes Vigentes. 

4. In 1824, and 1828, after the Mexican Revolution, Colonization Laws were 
passed in reference to " the national public lands, which were neither private prop- 
erty, nor belonging to any corporation or Pueblo," and it was provided that the 
Governor might grant such public lands. Ante, page 23, No. XII, ^§ 2 ; page 25, 
No. XIV, §§ to 6. Pueblos being thus expressly excepted from the operation of 
these Colonization Laws, were not affected by them, and accordingly were left, as 
the above cited laws of the Cortes of 1813 left them, owning their four leagues of 
land, subject to the disposition of the Ayuntamientos in execution of that law. 

5. Accordingly we find that after an Avuntamiento had been organized for the 
Pueblo of San Francisco, and was still in existence, in the year 1835, a citizen 
of San Francisco applied to the Governor of California for a grant of a " build- 
ing and sowing lot," and after a full consideration it was determined by the Depart- 
mental Legislature, including the Governor, that the power to make such grants 
resided in " the Ayuntamiento of that Pueblo." See §§ 83, 84 of the argument, 
and page 42, Addenda, No. XXVI. It may be remarked in passing, that the 
Governor and Departmental Legislature would hardly advise the Ayuntamiento to 
attempt to grant any portion of the public domain, in violation of the above cited 
Colonization Laws. 

6. But the Pueblo of San Francisco, as well as all the Pueblos of California, 
lost its Ayuntamiento under the operation of the new Mexican Constitution of 
1836. See argument, §§ 89, 90, 91, 92. What then became of the power to dis- 
pose of Pueblo lands which belonged to the Ayuntamiento at the time that body 
ceased to exist ? It was vested in Justices of the Peace who were ex officio Alcaldes, 
and under that same Constitution possessed the powers of Ayuntamientos. See 
ante, pages 100, 101, Addenda, No. LXIX,§§ 22, 27, 29, 30. Accordingly we 
find Justices of the Peace making grants of Pueblo lands down to the date of the 
conquest by the Americans, ante, page 162, Addenda, No. LXXXVI, as offi- 
cers of the Pueblo. And the fact that they did so, universally, is complete evi- 
dence of their authority. Hart vs. Burnett, 15 Cal., Rep., 15 Cal. 530. 



ADDENDA, NO. CLXX. 363 

7. In the year 1837, the Supreme Government of Mexico by a decree made in 
execution of the Constitution of 1 836, authorized the Governor and Prefects to 
act executively in the distribution of Pueblo Lands. Ante, page 314, No. CLIV, 
As the matter then stood, the distribution of Pueblo lands might be made there- 
fore : 

I. By Ayuntamientos, or in default of such bodies, by Justices of the Peace, 
exercising their functions : 

II. By Prefects : 

III. By the Governor. 

Accordingly we find Justices of the Peace making grants of building lots down 
to June 6th, 1846 ; only thirty-one days before the conquest. Ante, page 163, No. 
LXXXVI; Prefects making grants in 1838 ; ante, page 55, No. XXXVI; and the 
Governor making large grants of pasture lands as late as December, 1845. Ante, 
page 92, No. LXIV. 

8. After the conquest of California by the Americans, the Alcaldes, who were 
ex officio Justices of the Peace, still continued to make grants of Pueblo Lands, 
not because they had or assumed any right to grant public lands to the United 
States, but because these were lands of the corporate Pueblo, and because they 
were the officers of that Pueblo. See Wheeler's Land Titles. They knew that 
these Pueblo Lands were not public lands of the United States, for the very rea- 
son that they were Pueblo Lands ; they knew also that all laws affecting Pueblo 
Lands were municipal laws, affecting private rights, and remained unaltered by the 
conquest of the country, and that as the above cited law of the Cortes of 1813 had 
survived the Mexican Revolution, and all the Constitutional changes in Mexico, 
so it, and the above laws of 1836 and 1837 had survived the American conquest, 
and were still in force. See § 64 of the Argument, and ante, page 338, No. CLXV, 
concerning the Leyes Vigentes." 

9. In 1849, the Pueblo of San Francisco having gained the requisite popula- 
tion of four thousand, became entitled again to its Ayuntamiento, which was accord- 
ingly restored to it by the American Military Governor, who in the communication 
which he made to the citizens on that occasion, explained to them very clearly the 
powers and functions of that body. See § 130 of the Argument. 

10. The Ayuntamiento, thus restored, knew perfectly well that it owned the 
Pueblo Lands, and had the power to dispose of them, for on August 17th, 1849, it 
passed a resolution restraining the Alcalde from selling or disposing of Pueblo 
Lands, and put them up for sale itself; and this continued down to the end of 
March, in the year 1850; till which time, therefore, we have a Pueblo of San 
Francisco owning Pueblo Lands, subject to be disposed of by its Ayuntamiento, 
and large portions of them actually disposed of by it. Ante, pages 209, 213, Ad- 
denda, No. CX. 

11. On April 15th, 1850, San Francisco was incorporated as a City, by act of 
the Legislature. By that act it became the legal successor of the Pueblo of San 
Francisco, vested with all its property, and that same statute took away all the 
power of the Prefect. See § 131 of the Argument. The title to the Pueblo 
Lands was therefore vested in the City of San Francisco. This charter was sub- 



364 ADDENDA, NO. CLXX. 

sequently repealed by the charter of 1851, which, in its turn was repealed by that 
of 1854; but the charter of 1850 authorized the city to "hold, lease, sell and dis- 
pose of property for the benefit of the city." Laws of 1850, page 223, chap. 98, § 2. 
The charter of 1851 empowered the city to purchase, receive, and hold property, 
real and personal, and sell or otherwise dispose of the same for their common benefit 
Laws of 1851, page 357, chap. 84, § 1; the charter of 1855, continue the power in 
the city to " purchase, receive, hold and enjoy real and personal property, and sell, 
convey, mortgage and dispose of the same for the common benefit." Laws 1855, page 
251, chap. 197, § l:and also, "to confirm, dispose of, and make all needful rules 
and regulations respecting the title to lands or other property of the city." "Laws 
1855, page 266, chap. 251, § 65; and the Consolidation Act of 1856, authorizes the 
new corporation to hold and enjoy real and personal property, and sell, convey, 
mortgage and dispose of the same for the common benefit." Laws of 1856, page 
146, chap. 125, § 1, and afterwards "to provide for the security of all property of 
said city and county, without any power to sell or encumber the same," and " to pro- 
vide by regulation, where it may be necessary, for carrying the provisions of this Act 
into complete effect." Laws of 1856, pages 165-6, chap. 125, § 74. Subdivisions 2 
and 19, as amended by laws 1866, page 551, chap. 493, § 15; Subdivisions 2 and 19. 

By all these enactments the power of the Governor and Prefect over the Pueblo 
lands was forever extinguished, and these lands were left, as they still are left, 
vested in the existing Municipality of the city and county of San Francisco, sub- 
ject to the original trust imposed upon them by the laws of Spain, " to be disposed 
of for the common benefit," or in the language of Judge Field's decree : "for the ben- 
efit of the inhabitants of the city;" but such disposition to private citizens must be 
by gift, inasmuch as the Consolidation Act prohibits any sales. 

This legislation illustrates the exercise of a legitimate authority on the part of 
the Legislature, which always has the power to alter the mode of executing a pub- 
lic trust, when such alteration is beneficial. See § 100 of the Argument. Tal- 
lant vs. Woods, 7, Cal. Rep. 584; Thornton vs. Hooper, 14 Cal. Rep. 11; Bab- 
cock vs. Middleton, 20 Cal. Rep. 643. It may, moreover, be doubted if munici- 
pal corporations, which can be created or destroyed by the mere breath of the 
Legislature, can be said to have any vested rights beyond the control of the Legis- 
lature : per Currey, Justice, People vs. Coon, 25 Cal., 639. 

The Board of Supervisors, therefore, has power to enact by way of order, any 
law which shall beneficially execute the trust with which it is vested " to dis- 
pose of the public property for the common benefit." It can thus enact this 
very law which was enacted by the last Legislature, and which failed to receive 
the approval of the Governor, with two alterations : first, providing that the con- 
veyances to be executed shall be executed by the Mayor, under the seal of the 
corporation ; and secondly, striking out the provisions for selling any portion of 
its lands. For the only power which that law would have conferred upon the 
Board of Supervisors, which they did not already possess, was the power on the 
part of the proposed Commissioners to execute conveyances when the Board of 
Supervisors had approved their previous action, which was merely a convenient 
power, but by no means a necessary one ; and the power to sell lands, which as I 
have above shown, was denied by the Consolidation Act of 1856. But the pres- 
ent want of this power to sell can be compensated by a larger percentage of 
lands to be retained by the city ; and the power to sell that portion of the lands 
which may be retained by the city can be obtained from the next Legislature. The 



No. CLXXI— Bis. 



FINAL ORDER MADE BY THE UNITED STATES CIRCUIT COURT 
FOR CALIFORNIA, DISMISSING THE APPEALS TAKEN FROM 
THE DECISION OF SAID COURT IN THE PUEBLO CASE, 
PURSUANT TO MANDATES FROM THE SUPREME COURT OF 
THE UNITED STATES, FEBRUARY 4, 1867. 

At a Stated Term of the Circuit Court of the United States for the District of 
California, held at the City of San Francisco, Monday, February 4, a.d. 1867. 
Present. — Hon. 0. Hoffman, U. S. District Judge. 



The United States 
vs. 
The City of San Francisco 



.1 



And now at this day, to wit : the fourth day of February, in the year eighteen 
hundred and sixty-seven, appears the City of San Francisco, by John W. Dwinelle, 
Esq., her counsel, and Delos Lake, Esq., the District Attorney of the United 
States, and thereupon the said City produces to the Court the mandates of the Su- 
preme Court of- the United States, whereby it appears that the appeal heretofore 
taken by the United States and the City of San Francisco from the final decree of 
confirmation entered in this cause by this Court on the eighteenth day of May, 1865, 
have been, by the judgment of the said Supreme Court, dismissed, and moves this 
Court that the said mandates be filed, etc., and that said parties may proceed under 
said Decree as upon a final Decree. 

Wherefore, it is 

Ordered, That the said Mandates be filed in this cause as a part of the Record 
thereof, and that the said appeals be respectively dismissed, etc., and that the par- 
ties be at liberty to proceed upon said decree as upon a final decree of this Court. 

And the written consent of the attorneys for the respective parties to the rendi- 
tion and entry of said order, is filed in the cause. 

See ante, 320, for appeal of the United States ; see No. CLXXI, this same page, 
or the appeal of the City. 



ADDENDA, NO. CLXX. 365 

same Legislature could also confirm the proceedings of the Board of Supervisors, 
in case any claimants preferred to hold under the Act of Congress ; as the Leg- 
islature in 1858 confirmed the Van Ness Ordinance which had been previously 
passed in 1855. 

Note. — It is hardly possible, for even a lawyer who has not had occasion to study thor- 
oughly the body of ordiuances and statutes familiarly known as the "Van Ness Ordinance," 
to appreciate fully the wisdom and foresight of that most remarkable and beneficent act 
of the Legislature. It was carefully prepared with a double aspect, so as to quiet the title 
of all the lands embraced within its scope, whether they should ultimately be held to be 
Pueblo lands, or public lands of the United States. If Pueblo lands, then the holders of 
titles from that source were protected; if public lands, then those holding titles from that 
source were equally protected, as were actual occupants o^ the residue. The provision 
requiring an application to be made to the Legislature "to confirm and ratify the ordi- 
nance," ante, page 218, § 10, was necessary only in case the lands should ultimately be held 
to be public lands, for in that case the act of Congress provides that the manner of their 
disposition shall be prescribed by the Legislature, ante, page 215, Section at the foot of 
the page; but the act of the Legislature, ratifying what the city had already done, has 
been held to be a valid execution of the trust. Hart vs. Burnett, 15 Cal., 530. The only 
apparent oversight in the Van Ness Ordinance I conceive to be that it did not require those 
who claimed by mere occupancy to take a conveyance from the city. This has given rise 
to great inconvenience, which has as yet been only partially removed by judgments against 
the city in actions by the occupants to quiet title, and by a recent statute authorizing such 
judgments to be recorded in the County Recorder's office, with the same effect as if they 
were conveyances. Laws 1865-6, page 531. 



No. CLXXI. 

ORDER MADE BY THE UNITED STATES CIRCUIT COURT EOR 
CALIFORNIA, ALLOWING THE CITY AN APPEAL IN THE 
PUEBLO CASE AUGUST 31st, 1866. 

Circuit Court of the United States for the Northern District of California. 

The City of San Francisco ) 

vs. > 

The United States. ) 

And now at this day appears the City of San Francisco, by John W. Dwinelle, 

Esq., her attorney in this case, and moves that an appeal be allowed on behalf of 

the said city from so much of the final decree of confirmation, rendered herein on 

the eighteenth day of May, one thousand eight hundred and sixty-five, as includes 

in the estimate of the quantity of four square leagues confirmed, the parcels of 

land which have been heretofore reserved or dedicated to public uses by the United 

States ; and inasmuch as a motion in the same terms was made on the part of the 

city immediately after the rendition of said decree, and was on the twenty-ninth 

day of said May denied on the ground that said decree was not subject to appeal ; 

and the Supreme Court has since adjudged that the said decree was subject to 

appeal ; it is therefore ordered and decreed that the motion be granted, and that 

said appeal on the part of the City of San Francisco be allowed and entered nunc 

pro tunc as of said eighteenth day of May, one thousand eight hundred and sixty 

five. 

Field, 

Circuit Judge. 
September 3d, 1866. 



ADDENDA, NO. CLXXIL 363 



No. CLXXXL 

THE OUTSIDE LAND ORDER INTRODUCED BY SUPERVISOR R. P. 
CLEMENT, AND PASSED BY THE BOARD OF SUPERVISORS ; 
APPROVED, OCTOBER 12th, 1866. 

Order No. 733. — An order for the settlement and quieting of the title to lands in 
the City and County of San Francisco, situated above high water mark 
of the Bay of San Francisco and the Pacific Ocean, and without the 
former corporate limits of the City of San Francisco. 

The people of the City and County of San Erancisco do ordain as follows : 

Section 1. Immediately after the passage of this order, the Board of Lands de- 
Supervisors shall proceed to devise and adopt a plan for the subdivision ^divided 
into blocks and lots of all the lands not reserved to the United States, sit- into Mocks 
uated on the peninsula of San Erancisco, and within the present corporate and certain 
limits of said city and county, and above the natural ordinary high water P ortl ° n s re- 
mark of the Bay of San Francisco and the Pacific Ocean, as the same public uses, 
existed on the seventh of July, 1846, and without the corporate limits of 
the City of San Francisco as defined in the act to re-incorporate said city 
passed by the Legislature of California on the fifteenth day of April, 1851, 
so far as said Board may deem such subdivision necessary ; and to select 
and set apart for public uses, such lots and portions of said land as said 
Board may deem necessary, subject to the limitations and provisions here- 
inafter in this order contained. 

Sec. 2. After the adoption of the plan provided for in Section 1 of Map to be 
this order, the Board of Supervisors shall cause to be made a map of said designating 
lands according to said plan. Such map shall show the streets and public lots > blocks, 
highways, the blocks formed by the intersection of the streets and public reserved 
higlrways, and the lots into which said blocks shall be subdivided; and lands - 
upon such map shall be designated the lots and portions of land set apart 
for public uses, and the particular use for which each lot or portion of land 
shall have been set apart. 

Sec. 3. Upon the completion of the map provided for by Section 2 of deposited 
this Order, it shall be deposited for public inspection in the office of the ^Board'of 
Clerk of Board of Supervisors, and there remain for a period of sixty days ; Supervisors, 
and notice shall be published in three of the daily papers during the thereof 1CG 
whole time that said map shall so remain in said office. published. 

Sec. 4. Any person having or claiming any interest in any portion of How 
said lands under and by virtue of any of the provisions of this Order, may forested 
at any time before the completion of said map, or while the same shall may object 
remain in the office of the Clerk of the Board of Supervisors for public for public 
inspection, present to the Committee on Outside Lands, hereinafter in this uses - 
Order provided for, a description and diagram of the lands in which he 
shall so claim an interest, and have the same delineated on said map, and 
may also present to the said Committee in writing, his objections to the 
location or use of any lot or portion of land designated on said map as 
set apart for public uses and embraced within the description and diagram 

24a* 



364* ADDENDA, NO. CLXXII. 

presented by him ; but no claim shall be delineated on said map by said 
Committee unless all taxes have been paid thereon for the five fiscal years 
preceding the year beginning July 1st, 1866. 

Board of SeC ' 5 * After the said ma P sha11 have remained in the office of the 
Supervisors Clerk of the Board of Supervisors for the said period of sixty days as 
objection P rovi ^d in Section 3 of this Order, the Board of Supervisors shall exam- 
for'pubiic" 8 inC the oh J cctions > if ™Y> ma de thereto, and may make such alterations in 
uses; . the location or designation of any lots or portions of land set apart for pub- 

lic uses as may be necessary to obviate any objection which the said Board 
shall deem just and proper; provided, that no alteration shall be made 
which shall affect any person whose claim shall have been delineated on 
said map, and who shall not have made any objection to the location or 
designation of the lots or portions of land set apart for public uses, 
become Sec ' 6l As s00n as the alterations provided for, in Section 5 of this Or- 

itur kin ™ d d6r ' Sha11 haVG been madC aDd delineated on said m ap, the said map shall 
forpubiic beconie and be the official map of said lands ; and the portions of land 

when n objec- there0ndesignatcd M pubIic streets and highways shall become and be 
tions to dedicated to public use as streets and highways ; and the lots and portions 
disposed of. of land thc ' reon designated as set apart for other public uses shall severally 

become and be dedicated to the uses for which they severally shall have 

been set apart. 

Restrictions SeC * 7> No lot set a P art for P ublic use > othcr than for a park, plaza, cem- 
in amount etery, or public square, or for the erection thereon of a City Hall, or build- 
res.Tvld for [n £ 8 for a Cit 7 library, Hospital or an Asylum, shall exceed in extent two 
public use. fifty-vara lots ; and no tract or portion of land set apart for a plaza or 
public square shall exceed in extent four whole blocks, formed by the inter- 
section of the main streets of the plan ; and the tract or portion of land 
set apart for a cemetery shall not exceed in extent 200 acres, nor be less than 
100 acres ; and the tract or portion of land set apart for a public park shall 
not be less than 300 acres. 

r^ectiLp . SEa 8 ' In addition t0 strcets and highways, not less than one twen- 
amount of tieth < "or more than one tenth part of any tract, which, including streets 
s a rved r tbr ^ hi S hwa . vs > docs not e * cced f'fty (50; aCTC s in extent, shall be set apart 

St of tho f ° r PUbhC USe '' bUt if any traCt Whicb hy the P rovisio " s o f this older would 
occupied bv P ass t0 onc Person, shall exceed fifty (50 ) acres in extent, including streets 
Jersous ^ d hi " hwa - ys > there sha11 be set apart for public use, other than for a pub- 
lic park, and for a Cemetery, and in addition to the streets and highwavs, 
not less than one-twentieth, nor more than one tenth part of fifty (50) acres, 
and not less than one-tenth part of all above fifty (50) acres. From anv 
tract which by the provisions of this Order would pass to a number of per- 
sons as joint tenants or tenants in common, so much shall be set apart for 
public use, and no more, as by the provisions of this Section might be set 
apart if the interests of the respective tenants were several and divided. 
If of any tract less in extent than one half of a block, formed by the inter- 
section of the main streets of the plan, a portion shall be set apart for 
public use, other than for a public park, or for a cemetery, or for streets 
and highways, the person or persons to whom said tract would pass by the 
provisions of this order, may purchase the amount so set apart for public 
use, by paying to the City and County, in gold coin, the value thereof— 



ADDENDA, NO. CLXXIL 365* 

the value to be determined by the Board of Supervisors, on the report of 

the Committee on Outside Lands. 

Sec. 9. The tract or portion of land set apart and designated on said Furtlaer 

map as a Public Park, and the tract or portion set apart and designated provisions 

thereon as a Cemetery, and the several portions thereon designated as pub- amount'of 

lie streets and highways, shall be deemed absolutely dedicated as such ; but hinds re- 

° J > •> > served for 

persons who, by the provisions of this Order, would, but for such dedica- park, ceme- 

tion, be entitled to any of the lands embraced within such Park or Ceme- street? out 
tery, shall he entitled to receive compensation for their claims to portions of lands 
to which they would be so entitled, less the deductions which might be private 
made therefrom, according to the provisions of Section 8 of this Order, such P ersons - 
compensation to be made according to the value of the lands taken — the value 
to be determined by the Board of Supervisors on the report of the Com- 
mittee on Outside Lands ; but no person shall be entitled to receive, either 
under the provisions of this section or of Section 8 of this Order, compen- 
sation for any lot or portion of land set apart for public use, unless his 
claim shall have been delineated on the map hereinbefore in this Order 
provided for, nor until all conflicting claims to such lot or portion of land 
shall have been finally determined ; and no person shall be entitled to receive 
compensation for any portion of land included in any street or highway. 

Sec. 10. No conveyance of any tract of land, or any interest therein £ onvev . 

made after the eighth day of March, 1866, shall be regarded in the selection ances after 

* j • • n , -, • c , , n . ,7 , , March 8th, 

and designation of lots and portions of land for public use ; but the amount 1886, to be 

of land that maybe reserved and set apart for public use shall be deter' disre e ar(ie(i 

J *■ l in reserva- 

mined by the claims and possessions as they existed on the eighth day of tions 

March, 1866. 

Sec. 11. All that portion of the land described in Section 1 of this Ocean 
Order, which lies south of a line drawn due south 81° 35' east magnetic, reserved as 
through Seal Bock, and west of a line easterly, not less than two hundred a U1 » nway - 
feet from ordinary high water mark, is hereby reserved and'set apart for 
public use as a public highway. 

Sec. 12. The City and County of San Francisco hereby relinquishes Residue of 

and grants all the right, title, and claim which the said city and county now planted to 

has, or mav hereafter acquire, as the successor of the Pueblo of San Fran- persons in 

J actual bona 

cisco, or as the grantee or patentee of the United States in and to the lands fide posses- 

hereinbefore in this Order described, and not excepted, or reserved, or Man-h^th 

intended to be excepted or reserved, by any of the preceding sections or 1866. 

provisions of this Order, and which may not be set apart for public use 

under any of the preceding sections and provisions, and upon which shall 

be paid, previous to the first day of April, 1867, all taxes which have been 

assessed thereon during the five fiscal years preceding the year beginning 

July 1st, 1866, unto the persons, or to the heirs and^assigns of persons who 

were on the eighth day of March, 1866, in the actual bona fide possession 

thereof, by themselves or their tenants, or having been ousted from such 

possession before or since said day, have recovered or may recover the 

same by legal process. And it is hereby declared to be the intent and 

object of this section to pass the right, title, and claim of the said city and 

county in and to every tract or portion of said land, except the portions 

that are or may be reserved as aforesaid, possessed by one person, unto 



366* 



ADDENDA, NO. CLXXIL 



Grant 
subject to 
previous 
reserva- 
tions. 

Committee 
to be ap- 
pointed to 
report plan, 
map. loca- 
tions, and 
superintend 
execution 
of this order 



Provisions 
respecting 
Burveys. 



Provisions 
respecting 
ensa- 
tion to 
pi ivate 
claimants. 

Order to 
take efl'ect 
immediate- 
ly- 



the possessor thereof in severalty ; and every separate tract or portion 
thereof, except the portions that are or may be reserved as aforesaid, pos- 
sessed by more than one person, jointly or in common, unto the possesors 
thereof jointly or in common. 

Sec. 13. The grant and relinquishment by this Order made, shall be 
subject to the selections, reservations and conditions hereinbefore in this 
Order made and provided for. 

Sec. 14. A Committee of three members of the Board of Supervisors 
shall be chosen by said Board, whose duty it shall be to prepare and report 
to the Board the plan provided for in Section 1 of this Order, to supervise 
the making of the map provided for in Section 2, to select, set apart, and 
designate the lots and portions of land hereinbefore provided to be set apart 
for public use, and generally to superintend the carrying out of the provi- 
sions of this Order; all the acts of said Committee to be subject to the 
approval of the Board of Supervisors. 

Sec. 15. Whenever a survey shall be required to determine the bounda- 
ries of any claim or portion of any claim, whether ordered by the Commit- 
tee or requested by the claimants, the expense of such survey shall be borne 
by such claimants; and no survey shall be received by the Committee, 
except it shall have been made by the City and County Surveyor, or a 
Surveyor designated by the Committee; and the amount of compensation 
lor such survey shall be fixed by the Committee at a reasonable rate, not to 
exceed the ordinary charges lor such services. 

Sec. 16. The compensation which may become due, by virtue of Sec- 
tions 8 and 9 of this Order, shall be made in such manner as the Legislature 
may hereafter provide. 

Sec. 17. This Order shall take effect from and after its passage. 

Approved, October 12th, 1866. 

H. P. COON, Mayor, 
And ex officio President Board of Supervisors. 



ELECTION OF COMMITTEE UNDER THE ABOVE ORDER. 



In Board of Supervisors, ) 
October 15th, 1866. \ 

On motion, the Board proceeded to elect three Committee-men, under the 
above order, by ballot. Supervisors R. P. Clement, Frank McCoppin, and 
C. H. Stanyan were chosen on the first ballot. On motion, the choice was 
made unanimous ; and on further motion, Supervisor R. P. Clement was 
made Chairman of the Committee. 



ADDENDA, No. CLXXIII. 



367^ 



No. CLXXIII. 

THE LAND ORDER INTRODUCED BY SUPERVISOR FRANK Mc- 
COPPIN, AND PASSED BY THE BOARD OF SUPERVISORS, 
APPROVED DECEMBER 22nd, 1866, COMMONLY CALLED 

THE MeCOPPIN ORDER. 

ORDEE No. 748. 



TO EXPEDITE THE SETTLEMENT OF LAND TITLES IN THE CITY AND COUNTY OF 

SAN FRANCISCO. 

Whereas, The duly constituted authorities of the City of San Francisco, and of 
the City and County of San Francisco, have, by Ordinances and Orders, ceded the 
lands of said city and county to the parties in the possession thereof, subject to the 
exceptions and reservations in said Ordinances and Orders contained ; and, 

Whereas, It is desirable that all parties should be quieted, and secured in the pos- 
session of the lands rightfully possessed by them to which the City and County of 
San Francisco claim title ; 

Now, therefore, the people of the City and County of San Francisco do ordain 
as follows : 

Section 1. Upon receiving a Petition from any person or persons claiming that 
they by themselves, their tenants, or the persons through whom they claim or de- 
rive possession, have been, from and including the EIGHTH DAY OF MARCH, 
1866, and still are in the possession of any of the lands described in the decree of 
Justice Field, of the U. S. Circuit Court, confirming the claim of the City and 
County of San Francisco, entered November 2d, 1864, in the Circuit Court of the 
United States for the Northern District of the State of California, or embraced 
within the corporate limits of the City of San Francisco, (and above high-water 
mark) as defined in the Act to re-incorporate said city, passed by the Legislature 
of the State of California, on the 15th day of April, 1851, and that such lands have 
not been sold, leased, dedicated, reserved, or conveyed by authority of the said City 
and County of San Francisco or the United States, to any one, or for any purpose, 
asking for a grant from said City and County, the Board of Supervisors shall pro- 
ceed to act thereon as hereinafter provided. This petition shall be verified by the 
oath or affirmation of the party in whose behalf the petition is presented, or by 
some one acting as his agent, and conversant with the facts detailed in the petition. 
A* 



Preamble. 



Petition to 
Board of 
Supervisors 
to be verifi- 
ed and filed. 



368* ADDENDA, No. CLXXIII. 

Sec. 2. All petitions mentioned in the first section of this Order shall be referred 
to the Committee on Outside Lands ; said Committee shall appoint a clerk, who 
shall be a Notary Public, to perform the duties herein prescribed. The party pre- 
Proceed- sentm to tae saR l petition may appear before said clerk, and make proof, verbal and 
ings to be documentary, of the truth of the matters alleged in his petition. Copies of the docu- 
Peti t ions, mcntary evidence shall be filed with said clerk, and the oral testimony shall be 
of lands' 11 to reQ, uced t0 writing by said clerk, and subscribed by the witness. The proofs of 
be made. the petitioner being closed, the said committee shall proceed to consider the same, 
and shall make such report and recommendation thereon, as to them shall seem 
just and proper in the premises. The said committee shall file with the Clerk of 
the Board of Supervisors the testimony taken as aforesaid, together with the 
report of the said committee, and said report shall be submitted to the Board of 
Supervisors for their approval, and if in their judgment the claim of the petitioner 
is well founded, they shall by an order entered in their minutes, adjudge and award 
a grant of such lands to the petitioner or petitioners therefor, less the amount 
reserved for public use. The said Board shall thereupon give public notice of 
their award by a notice published at least once a week, for three successive weeks, 
in some daily public newspaper published in the City and County of San Fran- 
cisco, which notice shall specify the name of the applicant, the date and filing of 
ward to be n * s P et ^i° n j an( l tne tra ct of land awarded, by a good and sufficient description 
published, thereof. Proof of publication of such notice shall be made in the manner now 
or hereafter required by law for the proof of publication in civil process. The 
clerk of the said committee shall be allowed the same compensation for taking 
the oath or affirmation of witnesses, and for reducing the testimony to writing, as 
is now allowed by law to Notaries Public for like services on taking depositions. 
The compensation herein allowed to the clerk of said committee shall be paid to 
said clerk by the party presenting the petition. 

Sec. 3. Upon receiving proof of the publication of the notice provided for in 
Deeds to be the Second Section hereof, it shall be the duty of the aforesaid Committee of the 
under 11 cer- Board of Supervisors, or any two of such committee, to execute, acknowledge, 
tain provis- an( j deliver to the party or parties presenting the aforesaid petition, a deed of con- 
veyance of the tract or lot of land, as aforesaid adjudged and awarded to the 
petitioner ; provided, the petitioner or petitioners shall, before receiving a deed as 
aforesaid, be required to quitclaim and peaceably deliver the possession of all land, 
claimed by said petitioner or petitioners, reserved by the Commissioners acting under 
Ordinance eight hundred and twenty-two, (822) and all those lands which shall be 
reserved by the Committee of the Board on Outside Lands, for the use and benefit 
Lands in lit- °^ tne ®*ty an< ^ County of San Francisco ; provided, however, that in case a suit 
igation pro- shall be pending between the petitioner and some third person involving the right 
of possession of the tract or some portion thereof petitioned for, and such third 
person shall file with the Clerk of the Board of Supervisors a copy of the com- 
plaint filed in such action, before the deed shall have been executed and delivered 
to the petitioner ; then and in that case the deed shall be withheld until such suit 
shall be finally determined, and there shall thereafter be executed a deed of con- 
veyance of so much of the tract of land as shall be involved in the said suit, to 
the party in whose favor the said suit shall be finally determined, as aforesaid ; 
provided, further, that the expenses hereinafter provided for shall be paid before 
such conveyance shall be delivered. 
Deposit of g EC> 4. Upon the filing of a petition as hereinbefore provided, the petitioner 
expenses, shall deposit with the Clerk of the Board of Supervisors a sum of money sufficient 



ADDENDA, No. CLXXIII. 369* 



to pay for the publication of the notice hereinbefore provided, notarial fee, and 
other expenses incident to the granting of the prayer of the petitioner. 

Sec. 5. A conveyance executed and delivered in pursuance of the provisions of conveyance, 
this Order, sball operate to grant, convey, remise, and release to the party, his 
heirs and assigns named therein, the lands in such conveyance described, and all 
the estate and interest, present and future, of the said City and County of San rp . . . , 
Francisco in and to such lands. sons pro- 

Sec. 6. The conveyance of such lands made as hereinbefore provided, shall not 
be deemed to include the rights of third persons. 

Sec. 7. Nothing in this order contained shall be considered as in conflict with 
'or as abrogating any of the provisions of Order No. 733. 

In Board of Supervisors, San Francisco, December 17th, 1866, after having 
been published five successive days, according to law, taken up and finally passed 
by the following vote, viz : 

Ayes — Supervisors Daly, Clement, Fairman, Phelps, Ashbury, Torrey, Clayton, 
Tittel, Shrader, Reynolds, McCoppin, Stanyan. 

JAS. W. BINGHAM, Clerk. 

Approved, San Francisco, December 22d, 1866. 

H. P. COON, 
Mayor and ex-officio President Board of Supervisors. 



ADDENDA TO THE INDEX, 



Since the Index was printed the following additions have been made to the 
text of the Addenda. 



City Lands ; 

Clement Order a 363* 

McCoppin Order a 367* 

Order Dismissing Appeals in Pueblo Case a 365* 

Clement Order respecting Outside Lands a 363* 

McCoppin Order for settlement of Land Titles and Granting Lands a 367* 

Outside Lands; 

Clement Order a 363* 

McCoppin Order a 367* 

Order Dismissing Appeals in the Pueblo Case a 365 

Pueblo Lands ; 

Clement Order : a 363* 

McCoppin a 367* 

Pueblo Case ; Order dismissing appeals of the City and of the United States. .a 365 

Van Ness Ordinance, see McCoppin Order a 367* 



INDEX. 



The reference " n " is to the narrative ; " a " to the Addenda and to the pages of each. 
The Addenda are generally referred to through the narrative Argument. 

Page. 

Aguas, Waters, Commons, of n 12, 28 

Alberni, Don Pedro de reports against establishing a Villa of Branciforte at 

San Francisco in 1796 a 18 

Alcalde, list of in San Francisco a 111 

to be elected in Pueblos n 37 

American appointed on tbe Conquest n 87 

appointed for Contra Costa n 68 

ordered to be elected in 1843 for the Pueblos of California a 85, n 74 

Geary, John W, last Alcalde of San Francisco a 112 

grants by, see Grants. 

Alcatraz, Island of Limantour's Espediente for a 174 

included in terms of a grant to City of San Francisco a 257, 333 

fortifications at Introduction xx 

Alemany, Archbishop Joseph Sadoc, lands patented to him as Roman Cath- 
olic Bishop of Monterey as Corporation sole a 206 

Archbishop, patent to of the Church Cemetery and Orchard of the Mis- 
sion Dolores a 206 

note upon n 46 

Alvord, William, grant of submerged tide and marsh lands to a 329 

Alvarado, Juan B., Mexican Governor of California a 115 

regulates the Secularization of Missions a 55-57 

directs Justices to grant lots at the Mission Dolores n 67 

approves maps of Yerba Buena n 75 

orders constitutional elections a 57 

endeavors to have the Pueblo of San Jose called Pueblo of Alvarado, n 36 

see Governor of California 

Amatt, R. C. Bishop of Monterey (note) n 46 

Andrade, Jose, Espediente for the Orchard and Tannery of the Mission 

Dolores a 176, n 81 

this claim rejected a 326 

Angel Island, Osio's Espediente for a 188 

this claim finally rejected a 335 

Arbitrios, defined n 8 

Archbishop (see "Alemany") 

Archives of California, Hispano Mexican Introduction i-ix 

Deficiency of Documentary Testimony n 5 

25 



368 ALPHABETICAL INDEX. 

Page. 

Argenti, Patent at Presidio, of Lands under School Land Warrants a 297 

Arguello, Jose, Mexican Governor of California a!15 

Jos£, Spanish Governor of California a 115 

Arkansas Swamp Land Act a 337 

See Swamp Lands. 

Arrillaga, Jose" Joaquin de, Spanish Governor of California a 115 

Ashbury, Monroe, Supervisor in 1866 Introduction xxii 

Ayuntaiuiento or Town Council, Definition of n 9 

formation of regulated n 36-37 

Complex System of Electing n 37 

might he lost by a Pueblo n 37 

three kinds of n 37 

elected and organized for the Partido of San Francisco n 48 

ordered to be elected for the Pueblo of San Francisco n 49 

elected and organized for the Pueblo of San Francisco n 51-52 

of the Pueblo of San Francisco asks for Ejidos and Propios to be assigned u 53 

of San Francisco had power to grant Pueblo Lands n 57, 59 

of San Francisco grants Pueblo Lands n 60 

election of 1S38 a 62 

is suspended a. d. 1838 n 62 

of San Francisco is restored a. d. 1849 . . . *. n 90 

of San Francisco suspends the granting of Pueblo Lauds by Alcaldes n 91 " 

of San Francisco puts Pueblo Lands up for sale n 92 

of San Francisco, its contest with Prefect Hawes about sale of Pu- 
eblo Lands n 91 

is prohibited to sell Pueblo Lands by the Governor n 91 

is permitted by the Governor to sell Pueblo Lands n 92 

is abolished and succeeded by the City Council n 92 

Baptisms, Book of at Mission Dolores v Introduction, xiv 

Barri, Felip<§, Spanish Governor of California a 115 

Battery at Point San Jos6 or Black Point Introduction xxii 

Street in San Francisco, named from Fort Montgomery n 88 

Bay Lands, lands below low water mark a 32 1 note ; 330 

See Water Lots, Harbor. 
Beach and Water Lots, see Water Lots. 

Beech y, Capt R. F. visits San Francisco 1826 n 43 

Begert, Father, bis map of Lower California n 32 

Bernal, Jose Cornelio, Espediente for Las Salinas n 69 

finally confirmed a 325 

grant to at Mission Dolores a 327 

Bienes Conce jiles, Town Property n 10 

Bingham, J. W., Clerk Board of Supervisors 1866 Introduction xxii 

his List of Officers a 111, 115 

Bishop of California note n 46 

Bishop of Monterey note n 46 

Black Point, Battery Introduction xxi 

Black, Hon. J. S. on Pueblo Lands a 343 

Blake, Hon. M. C, Probate Judge in 1866 Introduction xxii 

Board of Education, grants of lands to a 329 

Board of Supervisors, see Supervisors 

Books, Registers of Marriages, Baptisms, Burials at Mission Dolores. -Introduction xiv 

Borica, Diego de, Spanish Governor of California a 115 

Borador defined n 13 

Branciforte, Villa of n 36 

Vice Roy of New Spain n 36 



ALPHABETICAL INDEX. 369 

Page . 

Brumagim, John W., Public Administrator 1866 Introduction xxii 

Burials, Book of at Mission Dolores " xiv 

Bpri Buri Eancho, Espediente of n 59 

Burke, Martin J., Chief of Police in 1866 Introduction xxii 

Butron, Manuel, first California Land Grant made to, a. d. 1775 a 160 

California, Upper, Conquest of by the Americans of the United States. -. n 87 

Colonization of n 87 

" Laws of, see Colonization 

organized by the Americans on its Conquest n 87 

Military Governor of recognizes the Pueblo of San Francisco n 90 

Constitutional Governor of recognizes the Pueblo of San Francisco . . n 91 

Legislature of recognizes the Pueblo of San Francisco n 92 

" confirms the Van Ness Ordinance a 216 

" passes the first Water Lot Bill in relation to Beach 

and Water Lots in San Francisco a 265 

Legislature of passes the second Water Lot Bill in relation to Beach 

and Water Lots in San Francisco a 267 

Legislature of confirms certain Wharf Contracts made by Commis- 
sioners of the Funded Debt a 268, 269 

four Acts of authorizing sale of State's interest in property in San 

Francisco a 269-275 

Act of Legislature authorizing City of San Francisco to convey lands 

at Point Lobos to United States a 277 

grant to by City of San Francisco of lands for Deaf, Dumb, and Blind 

Asylum a 329 

Act of Legislature legalizing Conveyances made by majority of Com- 
missioners of Funded Debt a 277 

Act of Legislature authorizing Governor to convey Custom House 

Block to the United States a 278 

Act of Legislature consenting to purchase of Lands within this State 

by the United States - - - . a 281 

Act of Legislature legalizing Conveyances of Commissioners of 

Sinking Fund a 282 

Acts of Legislature authorizing Commissioners of Funded Debt to 

settle Claims to Real Estate a 282-285 

Act of Legislature to provide for sale of Marsh and Tide Lands, of 

1861 a 323 

Act of Legislature called the " Outside Land Bill,' ' passed in 1866, and 

vetoed by the Governor a 346 

California, Lower — See Missions, Jesuits, Begert. 

California Land Commission n 101 

See Pueblo Case. 

Cambon, Pedro Benito, Missionary Priest at the Mission Dolores 

Introduction xii, xv, xvi 

Campo Santo at Mission Dolores Introduction, xix, a 206 

Carmelo Mission del, founded A.D. 1770 a 97 

Declared to be a Pueblo (Monterey) a 89 

Island of, (Yerba Buena) Introduction, note xiii 

Carr, Jesse D, sales of city property under executions against the city... a 329, 332 

Carpenter Edward, Prefect's Grant to a 321 

Castro, Don Juan Jose, claim to of the Island of Yerba Buena a 187 

This Claim rejected by the Courts a 335 

Castro, Jos6, Mexican Governor of California, decides that the Ayunta- 

miento of San Francisco may grant Pueblo Lands n 57, 58 

Manuel, Prefect, grant by a 316 



370 ALPHABETICAL INDEX. 

Page. 

Cemetery at Mission Dolores Introduction, xix, a 206 

Census of San Francisco in 1842 a 78 

See Population. 

Central Wharf Joint Stock Company a 317 

Charters of San Francisco n 92, a 363 

Chico, Mariano, Mexican Governor of California a 115 

Church — See Presidio, Mission Dolores, Missions, Alemany, Bishop. 

City of San Francisco Chartered n 92 

Succeeded hy Corporate City and County of San Francisco Introduction, xxii 

See Pueblo, Sinking Fund, Funded Debt, San Francisco City, and 
Introduction. 

City Slip Property^ a 317 

Ciudad, city, a Title of Nobility for a Town or Pueblo n 7 

Clayton Charles, Supervisor in 1866 Introduction, xxii 

Clement R. P., Supervisor in 1866 Introduction, xxii 

Colony, see Commune, Pueblo. 

Colonization of California, three-fold plan of Religious, Military and Civil n 15 

Instructions given by the Viceroy in 1754 and 1773 a 2, 175 

Felipe" de Neve's Regulations for, A.D. 1779 n 26 

Plan of Pitic, Regulations of, A.D. 1789 n 30-34 

Pueblo Lands ordered to be Sold by the Cortez of Spain, A.D. 1813.. n 39 

Mexican Colonization Laws of 1824 n 41 

Pueblo Lands excepted from n41 

Mexican Colonization Laws of 1828 n 41 

See Missions, Secularization, Pueblo Lands, Espediente, Grants and Pueblo. 

Colton, G. Q., grants by, as Justice of the Peace a 329 

Com and a nci a General n 31 

Commandantes of Presidios, Instructions to in 1773 n 24 

Had no right to grant Public Lands n 42 

Commissioners of the Sinking Fund — See Sinking Fund. 
Of the Funded Debt— See Funded Debt. 

Of the Land Office a 359 

Commons of Lands, Pastures, Woods, Waters, etc, n 12, 28 

Community, Communidad, defined n 13 

Communes, modern n 2 

Congress of Mexico — See Colonization, Missions, Prefect, Governor. 
Congress of the United States— See United States. 

Conquest of California by United States n 87 

Consolidation, Act of, 1856 Introduction, xxi, a 364 

Constitution, Mexican, of 1843 n 73 

C ontra Costa, Mountains of Introduction, xx 

Alcalde appointed for n 68 

Espediente of Inhabitants of, asking to be set off from jur- 
isdiction of Pueblo of San Francisco a 44 

Coon, Hon. H. P., Mayor in 1866 . Introduction, xxi 

Corporation, Lands of excepted from Colonization Laws of 1824 n 41 

Pueblo of San Francisco was a Corporation n 56 

Councils, Town — See Ayuntamientos, Board of Supervisors. 

Cortes of Spain regulate formation of Ayuntamientos, A.D n 36-37 

Order the Catholic Indian Missions to be secularized, A.D. 

1813 n 39 

Orders Pueblo Lands to be reduced to private ownership n 20 

This act still in force.. A a 363 

County of San Francisco created by Constitution of California... Introduction xxii 



ALPHABETICAL INDEX. 371 

Page. 
County of San Francisco merged in one municipal corporation with city 

of San Francisco Introduction xxii 

See San Francisco City. v 

Cowles, Hon. Samuel, County Judge in 1866 Introduction, xxii 

Croix Marquis de, Viceroy in 1775 n 25 

Cunningham, Barbara, grant of lands to a 333 

Curtideria, la, the old Mission Tannery Introduction xx 

Custom, effect of in establishing and repealing laws a 342 

Custom House Block conveyed by State of California to United States.. a 278 

Dana, Eichard H., his account of San Francisco in 1835 n 41 

Davis, Henry L., Sheriff in 1866 Introduction, xxii 

Deaf, Dumb, and Blind Asylum, grant of lands to a 329 

DeHaro, Francisco, Espediente for San Pedro n 61 

Espediente for El Potrero Nuevo n 74 

Pending on Appeal a 326 

Espediente for 270 varas at the Mission Dolores a 315 

Not confirmed a 327 

Dehesas, the great outside Commons n 11 

Note on the term n 12 

De Mofras, M. Duflot, account of his work in California n 15 

De Neve, Governor of California, A.D. 1774 a 115 

His Eegulations of Colonization, A.D . 1779-1781 n 26 

Department n 6 

Diaz, Benito, Espediente for Point Lobos n 80 

rejected a 326 

Diego, Garcia, R. C. Bishop of San Diego, in California (note) n 46 

Districts, defined n 6 

actual division into n 38 

District, Legislature of San Francisco instituted n 89 

repudiated by Gov. Eiley n 89 

proceedings of a 104 

charters the Central Wharf Company a 31 7 

Documentary Testimony, loss of n 5 

Dolores, Laguna de, Introduction xiii 

Mission of, see Mission Dolores 

Dominicans, Missions of Lower California ceded to n 17 

Dwinelle, Hon. S. H., District Judge in 1866, introduction xxii 

Echandia, Jose Maria de, Mexican Governor of California a 115 

Education, Board of, grant of lands to a 329 

Ejidos, defined n 10 

of San Francisco asked to be marked out n 53 

final note upon n 106 

of Presidios under the Spanish Law n 80 

Elwell, Eobert, claim of 400 varas square on south-east corner of San- 
some and Broadway streets, in San Francisco a 189 

Estudillo, Don Jose Joaquin de, petitions for grant of lands n 57 

grant to, rejected n 328 

Espediente, defined n 14 

of the first land grant in California to Manuel Bntron a 160 

of Galindo for Da Laguna de la Merced n 56 a 325 

of the Buri-Buri Eancho n 59 

of De Haro for the Eancho San Pedro n 61 

of Leese for the Eancho La Visitacion n 66 a 325 

of Bernal for the Eancho Las Salinas n 69 a 325 



372 ALPHABETICAL INDEX. 

Page. 

Espediente of De Haro for El Potrero Nuevo n 74 a 326 

of Diaz for La Punta de Los Lobos n 80 

of No6 for the Rancho San Miguel n 81 a 326 

of Andrade for the Orchard and Tannery of the Mission of Dolores, a 176 n 81 
of Guerrero aud Fitch for the Mountain Lake and Lobos Creek tract n 82 a 326 

of Miranda for the Ojo de Agua de Figueroa a 54, 325 

of Liniantour for lands in San Francisco a 173, 326 

of Liinautour for islands in the Bay of San Francisco, and adjacent., a 174 a 335 

of Santillan for three leagues at the Mission Dolores a 175, 326 

of Sherreback for 400 varas near Rincon Hill a 178, 326 

of Marcheua for a league of land in San Francisco a 179 

of Piha for a league of land at Point Lobos a 180 

of Leese and Vallejo for 200 x 400 varas of land in San Francisco ... a 183 

of Noe for Las Camaritas, 200 x 300 varas in San Francisco a 185 

of Castro for La Isla de Yerba Buena a 187 

Of Osio for La Isla de los Angeles a 188 

Of Elwell for 400 x 400 varas of land in San Francisco a 189 

Of Guerrero for 400 varas at Mission Dolores a 314 

Of De Haro for 2,0 varas " a 315 

Of Carpentier for -100 varas " a 321 

of Bishop Alemany for the Church, Orchard, aud Cemetery of the 

Mission of Dolores a 206 

of the Pueblo of Monterey for its tour leagues of land a 49 

of the inhabitants of Contra Costa, desiring to be transferred from the 

Ayuntamiento of the Pueblo ot San Francisco to that of San Jose a 44 

See Grants. 

Executions on Judgments against the City n 93 a 329, 332 

Exidos, see Ejidos. 

Expediente, see Espediente. 

Explokation of Harbor of San Francieco Introduction xi, xiv, n 23 

Wilkes', for the United States n 78, 85 

De Mofras', for France n 15 

See Jesuits. 

Fajes, Pedro, Spanish Governor of California a 115 

Farallones, Islands of, claimed by Limantour a 174, 335 

Bay of, mentioned by Palou Introduction (text and note) xiii 

conveyed by United States to City of San Francisco a 333 

Field, Mr. Justice, his decision in Pueblo Case in U. S. Circuit Court. See 
Pueblo Case. 

Figueroa, Jose, Mexican Governor of California — a.d. 1833-1835 a 115 

regulations of, for secularizing the Missions n 54 

denies the authority of the Ayuntamiento to grant Pueblo Lands n 58 

organizes an Ayuntamiento for the Parti do of San Francisco n 48 

orders an Ayuntamiento to be elected for the Pueblo of San Francisco n 49 

approves appointment of Alcalde for Contra Costa n 68 

Fillmore, President, reservations made by a 221 

Fitch, espediente of, with Guerrero, for Mountain Lake, etc a 82 

finally rejected a 326 

Foreigners in San Francisco, list of in 1840 — a 72 

Fort Point, San Joaquin Introduction (note) xiii 

Diaz's Espediente for n 80 a 326 

Commons of, by the Spanish Law n 80 

Fort Montgomery, on Battery street, in San Francisco n 88 



ALPHABETICAL INDEX. 373 

Page. 

Four Leagues of Pueblo Lands to each Pueblo n 21 

how they might be divided n 12 

recognized in De Neve's Eegulations — a.d. 1779-1781 n 28 

recognized in Plan of Pitic — a.d. 1789 . n 33 

recognized by the Government in 1786 n 29 

again recognized by the Government — a.d. 1791 n 33 

Measurement of, see Pueblo Case. 
Franciscans, see Jesuits; San Francisco ; Missions. 

Fremont, Col. John C, American Military Governor of California a 115 

Frontier of the North n 68 

Funded Debt of San Francisco, amount of. Introduction xxii 

of 1851 , extracts from laws respecting a 198 

conveyance of City Property by Commissioners of Sinking Fund a 198, 199 

Commissioners of, created a 198 

conveyances of legalized a 277 

authorized to settle certain claims to real estate ... a 282, 322 
conveyance to by Commissioners of the Sinking 

Fund a 195, 199 

certain wharf contracts of, confirmed by Legislature a 268, 269 

Fundo Legal, Municipal Property n 7 

Galindo, Jose Antonio, espediente for La Merced n 56 

Geary, John B., last Alcalde of San Francisco a 112 

first Mayor of San Francisco a 190 

Commissioner of Sinking Fund n 193 

Commissioner of Funded Debt n 199 

Gente de Eaz on, People of Beason, term applied to white Californiaus.. n 27, 11 
Goat Island, (see Yerba Buena Island.) 

Golden Gate, Introduction xx 

Golden Ctty Homestead Association, grant of overflowed lands to a 329 

Gorham, Geo. C, affidavit on motion in Pueblo case, a 242 

Gough, C. H., Commissioner under the Van Ness Ordinance a 291 to 296 

Governor of California, (list of the Colonial) a 115 

Colonization laws of n 24, 26, 32 

Figueroa, organizes an Ayuntamiento for the Partido of San Fran- 
cisco n 48 

Figueroa, orders an election of Ayuntamiento for the Pueblo of San 

Francisco n 49 

Jimeno, message respecting Ayuntamientos, Proprios Ejidos, etc n 70 

Figueroa, attempts to secularize the Missions n 54 

begins to grant Banchos out of the Pueblo Lands n 55 

(see also Espediente on this subject.) 
Figueroa, decides that the Ayuntamiento of San Francisco could not 

grant lands n 58 

Castro, reverses that decision n 58 

could act executively in districting Pueblo Lands a 314 

Gutierrez, his opinion respecting Pueblo Lands n 7 

Micheltorena, appointed Justices of the Peace to succeed the Ayunta- 
mientos a 84, 85 

Micheltorena, orders Alcaldes to be elected with powers of Judges of 

First Instance a 84, 85 

Alvarado, regulates the secularization of Missions a 55, 57 

Alvarado, directs Justices to grant lots at the Mission Dolores n 67 

approves maps of Yerba Buena n 75 

Alvarado, orders constitution al elections a 57 



374 ALPHABETICAL INDEX. 



Page. 



Governor of California, Micheltorena, attempts to restore some of the 

Missions n 74 

Micbeltorena, addresses tbe same officer as Alcalde of Yerba Buena, 

and of San Francisco n 74 

Pico, commences an inquest of office upon tbe Missions, including tbat 

of Dolores n 78 

Pico, declares tbe Mission of Dolores extinct n 79 

extinguishes other Missions a 88, 91 

Kearny, grants Beach and Water Lots to San Francisco n 88 

Rile y , repudiates the Legislative Assembly of San Francisco n 89 

Riley , restores the Ayuntainiento of San Francisco n 90 

Burnett, restrains tbe Ayuntamiento of San Francisco from selling Pu- 
eblo Lands n 91 

Burnett, removes the above restraint, and permits Pueblo Lands to be 

sold n 92 

Low, vetoes an Outside Land Bill a 352 

of California authorized to convey Custom House Block to United 

States a 278 

Grants, real and pretended, purporting to affect the muuicipal lands of the 

City of San Francisco a 324 

Grants of Pueblo Lands for Building Lots in San Francisco. -n 59, 60, a 113, 162 

for Ranchos or farming purposes n 58 

(see Espediente, Pueblo) , 

Guerrero, Francisco, Espediente of, for Mountain Lake, etc n 82 

this claim rejected a 326 

a native of Tepio a 79 

Sub Prefect at tbe time of the Conquest delivers his papers to the 

Americans n 5 

Justice of tbe Peace, promulgates ordinances for the Pueblo of San 

Francisco. n 65 

reports a list of foreigners in San Francisco in 1840 n 68 

nomiuates Fuller as Syndic of San Francisco a 63 

passes upon the accounts of Fuller, Syndic of San Francisco n 75 

Espediente of, for 400 x 400 varas at the Mission Dolores a 314 

confirmed a 327 

is Sub Prefect under the United States a 322 

reports upon the defalcation of Syndic Sherreback a 95 

bis Blotter of Pueblo Grants a 162 

Guizot, his remarks on Communes.... n 3 

Gutierrez, Nicolas, Mexican Governor of California a 115 

his opinion respecting Pueblo Lands n 7 

Hale, Henry M. Auditor in 1866, Introduction xxii 

Half Breed Scrip, locations of on city lands a 330, 345, (note 7) 358, 359 

Halleck, H. W. Maj. Gen., Secretary ol" State for tbe American Military 

Governor of San Francisco a 108, 109 

cited in relation to " Las Leyes Vigentes," a 338 

Halleck, Peachy & Billings, of counsel in Pueblo case a 171 

Harbor of San Francisco, explored A. D. 1772 n 24 

entered by Brig San Carlos, A. D. 1775, Introduction xi 

entered by expedition from Monterey, and named A. D. 1776 xiv 

(see maps) 

Harris, S. E. Coroner in 1866, Introduction xxii 

Hawes, Hon. Horace, his brief in the Pueblo case n 48 

Prefect, his contest with the Ayuntamiento respecting sales of Pueblo 

Lands n 91,92 



1 


1 — IX 


a 299 


a 340 


n 86 


n 87 


n 13 


n 13 


n 13 


n 13 


n 13 


n 13 



ALPHABETICAL INDEX. 375 

Hon. Horace Hawes, Acts executed by, as Prefect, in distribution of Pue- 
blo Lands n 92 

Commissioner under the Van Ness Ordinance a 291, 296 

Hayes* Michael, Commissioner under the Van Ness*Ordinance a 291, 296 

Hermosillo, the ancient Pitic n 32 

High Water Mark, (see Swamp Lands.) 

Hoffman, Hon. Ogden, transfers Pueblo case from United States District 

Court to United States Circuit Court a 224 

Homestead Corporations, grants to a 329 332 

Hopkins, R. C, Keeper of the Mexico California Archives, Introduction.. 

his account of them, Introduction 

Hospital lot, at Rincon Point, conveyed by city of San Francisco to Uni- 
ted States 

Iguala, Plan of (note) 

Indians of California, see Indian Pueblos, Missions, Jesuits, Do- 
minicans. Neophyte. 

retire to the Tulares, on ruin of the Missions 

depredations of 

Indian Pueblos of California, their formation early encouraged 

churches to be established in them 

to be governed by Indian Alcaldes, etc 

no white person, negro or half breed could live in them 

no Spauiard could sojourn in them more than one day 

held their lands in community 

intention of the founders of the Missions that they should be finally 

convened into n 54 

the Mission Dolores never converted into an Indian Pueblo u 76 to 80 

in New Mexico, Table and Statistics of a 98 

Informe, defined 

Islands near San Francisco, Acts in relation thereto a 324,333 

Iturbide, August in, Colonel and Emperor a 340 

Jail, none in San Francisco as late as 1839 n 64 

Jesuits, their early voyages in California n 15 

found Missions in Lower California n 16 

suppressed, and their Missions turned over to the Franciscans n 17 

See Begert. « 

Jimeno Manuel, Mexican Governor ad interim of California a 72 

Justices of the Peace grant lands in San Francisco a 113, 162 

List of such officers a 111 

DeHaroinl839 n 66 

Guerrero in 1 839 and 1842 n 65,66, 67 

succeed the Ayuntamientos n 70 

ordinances of for the Pueblo of San Francisco n 65 

Miramontes Justice in 1841 n 70 

Sanchez in 1845 n 80 

Kearney, General Stephen W., American Military Governor of California a 115 

grants Beach and Water Lots to San Francisco n 88 

Keyes, Captain E. D., leases of government reserves a 261 

Kip, Right Rev. William Ingraham, Bishop of California note n 46 

Laguna del Presidio Introduction xiii 

de los Dolores " xiii 

Pequena " xiii 

de Merced " xiii 

" " Espediente of. n 56 

Honda Introduction xxi 

26 



376 ALPHABETICAL INDEX. 

Page. 
Lake, Hon. Delos, U. S. District Attorney, his statement in the Pneblo Case a 240 

Land Commission of the U. S. for California n 101 

See Pueblo Case, proceedings in. 

Landed Property of San Francisco, Acts and proceedings affecting it a 324 

Where the title rests and how it can be disposed of. a 356 

See San Francisco City. 

Land Office of the United States at Washington a 359 

Lands, Public, of Mexico in California were all subject to colonization by 

laws of 1824 n 41 

Pneblo lands and lands of corporations not subject to colonization .. n 41 

Public, of the United States, see United States, Swamp Lands, Pre- 
emption, Half Breed Scrip. 

Langley's Map n 23 

La Purisima's lands ordered to be sold n 78 

La Perouse's Map of Bay of San Francisco Introduction (note) xiii 

Leese, J. P. Espediente for La Visitacion n 66 

finally confirmed a 325 

Leese and Vallejo's expediente for lauds in San Francisco a 183 

confirmed a 326 

Legislative Assembly of San Francisco (see District Legislature) 

Legislature of California (see California) 

Leyes Vigentes a 338 

Limantour, Jose Espedientes of, for lands and islands near San Francisco a 173-175 

these claims rejected a 326, 335 

Lobos, Punt a de los, origin of the name Introduction xii 

Pihas Espediente for a 180 

Marchena's Claim for a 179 

Diaz's Espediente for n 80, a 326 

Guerrero aud Fitch's Espediente for n 82, a 327 

City of San Francisco authorized to grant lands to U. S. at a 277 

Creek of Introduction xxi 

Loewy, Wilhelm County Clerk in 1866 Introduction, xxii 

Los Angeles, Pueblo of founded a 8 

possessed tbe title of nobility of city n 7 

Island, Osio's Espediente for a 188 

this claim finally rejected a 335 

Louis Philippe, his exploration of California n 15 

Low, Goveror F. F., Veto of Outside Land Bill a 352 

Lugares, a synonym of Pueblo n 7 

M addox, Researches of, respecting communes n 3 

Map of Pueblo of San Francisco approved by the Governor n 75 

of Port of San Francisco prepared from explorations made in 1775 and 

sent to the Vice Roy Introduction xii 

Of United States Coast Survey n 23 

of Father Begert of Lower California and Sonora n 32 

Langley's of Peninsula of San Francisco n 23 

Epitomized map prefixed to narrative n 1 

official of Beach and Water Lots a 264 

of Western Addition approved by Statute a 220 

account of map of Western Addition a 296 

of Bay of San Francisco by La Perouse Introduction (note) xiii 

Marchena, Fernando Espediente for Lands in San Francisco a 179 

Marsh Lands, see Swamp Lands. 

Marriages, Book of at Mission Dolores- Introduction, xiv 



ALPHABETICAL IXDEX. 377 

Page. 

Mason, Eichard B., American Military Governor of California a 115 

acts in making Reservations at Eincon Point a 258 

Mayor of San Francisco is President of Board of Supervisors Introduction, xxii 

H. P. Coon, Mayor in 1866 xxii 

See Geary, Webb, Van Ness. 

McCoppin, Frank Supervisor in 1866 Introduction xxii 

McDougall, Hon. J. A., files Petition for City in Pueblo Case a 11 9 

McKune, Hon. J.H., bis brief in Pueblo Case n 48 

Measurement of Pueblo Lands, how made n 22, 83 

not necessary in case of San Francisco.. n 23 
bow directed to be made by decree of 

confirmation of U. S. Circuit Court a 250 

Merced, La Laguna de, Espediente for, n 56 

finally confirmed a 325 

description of in 1786 Introduction, xiii 

Merlin, Questions of, respecting communes n 3 

Mexican Eevolution of 1821 n 40 

Plan of Iguala „ a 340 

Micheltorena, Manuel Mexican Governor of California a 115 

bis army of tbree hundred convicts n 87 

attempts to restore the Missions n 73 

orders Alcaldes to be elected iu tbe Pueblo of San Francisco n 74 

recognizes San Francisco, Yerba Buena and the Port of San Francisco 

as being all tbe same n 74 

appointed Justices of the Peace to succeed the Ayuntamientos and 

with their powers a 84, 85 

Minturn, Edward, leese of lands to a 333 

Miranda, Apolonario Espediente of for el Ojo de Agua de Figueroa .... a 54 

finally confirmed a 325 

Missions, Catholic Indian included in plan of Colonization of California n 15 

Founded in Lower California by the Jesuits n 15 

in Lower California ceded by the Jesuits to the Franciscans n 16 

in Lower California ceded by the Franciscans to the Dominicans n 16 

established by the Franciscans in Upper California n 17 

list of the Missions of Upper California a 97 

description of n 17 

had no property in lands n 19 

ordered to be secularized by the Cortes of Spain in 1813 n 39 

ordered to be secularized by the Mexican Government, a.d., 1833 n 43 

success and prosperity of, in California n 44 

attempt to secularize them, Figueroa's Eegulations n 54 

Alvarado's regulations respecting n 64 

condition of in 1834 and 1842 n 72 

partially restored in 1843-1844 n 73 

extinguished, and for the greater part put up for sale n 76, 78 

general review of their results n 84 

effect of the ruin of n 85 

Mission Dolores, of San Francisco, founded a. d. 1776 n 25 

Introduction xvi 

Church of, described by Vancouver 1792, Introduction xix 

Population at various times n 50 

Euin and extinction of n 77 79 

Building lots granted at in 1839 n 66 

Miramontes, Justice of the Peace, a. d. 1841 n 70 



378 



ALPHABETICAL INDEX. 



Page. 

Mission Dolores, grant of building lots at, prohibited n 81 

Title of Pueblo asked for but not granted, a. d. 1841 n 76 

Population of in 1842 n 71 

Registers of marriages, baptisms and burials, introduction xvi 

Church, cemetery and orchard patented to Archbishop Alemany a 206 

Description of in 1830, introduction xix 

Church of, present condition, introduction xix 

Mission of San Francisco, see Mission Dolores. 

Mission Rock, granted to the city of San Francisco by the United States.. a 333 

Montgomery. Fort on Battery street in San Francisco n 88 

Monterey, Pueblo of its espediente for its pueblo lands a 49 

Catholic bishop of, patent to of portion of lands of Mission Dolores... a 206 

Catholic bishop of, (Notej n 46 

Mission del Carmelo founded at a 97 

declared to be a Pueblo a 89 

Presidio founded at, a. d. 1770 n 23 

Montes, commons of -wood n 12 28 

Morkno, Carlos, grant to by J. P., at Mission Dolores a 327 

Morrell, Captain Benjamin, his account of San Francisco in 1825 n 40 

Mud Flats, see Tide Lands. 

Municipal i dad, defined n 9 

Municipal Lands, see Grants, Pueblo, Pueblo Lands, Termino, Fundo, 

Landed Property, San Francisco City. 
Municipal Laws of California survived the conquest by the United 

States a 338, n 90, 40, 58 

Municipalities, Modem n 2 

a system of first introduced by Spain n 3 

Hispano American, see Pueblo. 
Navarro, Galindo, Attorney General, his opinion as to the rights of Pue- 
blo to four leagues of land, a. d. J 785 a 9 

Neophyte Indians, return to the Tulares on ruin of the Missions n 86 

numbers of, at the Missions at various times a 97 n 72 

declared discharged from neophytism, but in reality 

abandoned by the Government a 91 

utterly degraded and demoralized by leaving the 

Missions n 86 

their deplorable condition described by Micheltorena.- n 73 

depredations by u 87 

singular custom of on apostatizing (note) n 86 

Neva, Pedro de Commandante General in 1791 n 35 

New Mexico, Indian Pueblos in, statistics of a 98 

Neve, Felipe de Spanish Governor of California a 115 

his regulations of colonization n 26 

Noe, Jose Jesus Espediente for Las Camaritas ' a 185 

this claim confirmed a 327 

Espediente for San Miguel n 81 

this claim confirmed . a 326 

North San Francisco Homestead Association, grant of overflowed 

lands a 329 

Ojo de Agua de Figueroa, Espediente for a 54 

finally confirmed a 325 

Officers, Early in San Francisco a 111 

Orchard of the Mission Dolores, Introduction xx 

Confirmed to the Roman Catholic Church a 206 



ALPHABETICAL INDEX. 



379 



Page. 

Ordenanzas de TiERRas y Aguas n 23 

de Intendentes u 34 

Ordinances, Sinking Fund of San Francisco a 189 

Oregon, Explored by the French Government in 1841 — 1843 n 15 

Orphan Asylum, Conveyance to by the City of San Francisco a 301 

Osio ; s Espediente for Angel Island a 188 335 

Outside Land Bill of 1866 a 346 

Veto of a 352 

Notes upon this Veto a 355 

Overflowed Lands, see Swamp Lands. 

Palou, Brother Francisco, biographer of Junipero Serra n 24 

His narrative of the foundation of San Francisco, Introduction xii 

Dedicates the Presidio with religious services xiv 

Books of Marriages, Baptisms and Burials kept by him xv 

Partido, defined n 6 

Actual division into n 38 

of San Francisco and its Ayuntamiento n 48 

Paxson, Joseph S. Treasurer in 1866, Introduction xxii 

Pedro San, Point of, Introduction xiii 

Phelps, William S. Supervisor in 1866. Introduction xxii 

Pico, Pio Mexican Governor of California a 115 

Pina, Joaquin, Espediente of a 180 

Pious Fund, of the Missions of California n 44 

what constituted it- 1 n 45 

spoliation of it n 45 

its annual product n 45 

failure of it to pay the Missions n 46 

is diverted to the Public Treasury n 46 

is restored to the Catholic Bishop in California n 46 

is administered by Santa Anna n 47 

its capital is sold and absorbed n 47 

Pitic, Plan of Colonization of. n 30 

by whom promulgated n 31 

occasion of the plan n 32 

recognizes the four Pueblo leagues of land n 33 

democratic features of the plan n 35 

now called Hermosillo n 32 

Plan of Iguala a 340 

Pitic, see Pitic. 
Point Lobos, see Lobos. 

of the Guardian Angel. Introduction xiii 

Fort, Introduction - xiii, xx 

San Jose or Black Point, Introduction xxix 

Kincon Point, grant of land at to the United States by the city of San 

Fra ucisco - n 299 

Reservation at liincon Point a 258 

San Jose or Black Point, Battery at, Introduction xxi 

Polack, J. S., claims of to Yerba Buena Island a 335 

Pond, see Laguna. 

Population of San Francisco at its settlement n 25 

Introduction xv 

comparative table of n 50 

scattering of it n 63 

census of in 1842 n 71 

in 1866. Introduction xxii 



380 ALPHABETICAL INDEX. 

Page. 

Port of San Francisco, in Lower California n 26 

see San Francisco City. 

Portala, Gaspar de Spanish Govenor of California a 115 

Porter, Nathan, District Attorney in 1866. Introduction xxii 

Potreko, Espediente for n 74 

Potter, George C City Surveyor in 1866. Introduction xxii 

Prado Bo y al, Pralinn Bovillum, the great herd pasture n 33 

See Ejidos, Dehesas. 

Pratt. Hon. O. C. Judge of the 12th District Court in 1866. Introduction.. xxii 

Prefects, constitutional powers of a 100 

could distribute Pueblo lands a 314 

grants of Pueblo lands by a 315, 54 

Pre-emption of Public Lands by towns and cities a 214 

locations of city lands by private pre -emptors discussed i a j 4?« %JA 

Presidio, defined n 15 

a part of the three fold plan of colonization in California n 14 

Description of n 18 

Founded at San Diego n 23 

Founded at Monterey n 23 

Instructions to Conmiahdantes of in 1773 n 24 

Eacb Presidio declared to be a Pueblo, and entitled to four leagues of 

Land, 1 71)1 n 33 

Ejidos or suburbs of, their extent. n 80 

Presidio of San Francisco, founded A. D 1776 Introduction, xiv, n 25 

Visited and described by Vancouver, A.D. 1792 Introduction, xvi 

Church of Introduction, xv, xvii, a 206 

Officers of in 1776 Introduction, xvii, xv 

Ruin of under Mexican Dominion n 106 

Ejidos, or suburbs of, their extent n 80 

Procurador, or City Attorney n 9 

Propios defined n 8 

Of San Francisco asked to be marked out n 53 

Pueblos defined n 7 

Different kinds of in California n 14-15 

Eights of, as such, to four leagues of land n 21 

How it might be divided n 12 

Presidial n 15 

How their Lands were to be Measured n 22 

Pueblo Lands include marsh, swamp, and overflowed lands a 325, 337, note 

Not necessary to be measured in San Francisco n 23 

How to be measured under Confirmation to City of San Francisco... a 250 

No Special Grant of Lands needed n 22 

Laws of the Coites of Spain regulating the formation of their Ayun- 

tamientos n 36-37 

How they might lose their Ayuntamientos n 37 

Their Property ordered to be sold by the Cortes of Spain in 1813 n 39, a 361 

Their Lands excepted from the operation of the Colonization Laws of 

1824 n 41 

Land Grants of for Building Lots n 59, 67, a 113, 162 

Governors and Prefects might Distribute a 314 

Resulting from Missions n 78 

Lands of Granted for Ranchos a 314 

See Espediente, Indian Pueblos, San Francisco city. 



ALPHABETICAL INDEX. 381 

Page. 

Pueblo Case in United States Courts, statement of n 1 

Petition to Land Commission for Confirmation, July, 1852 a 119 

Opinion of majority of Board for Confirmation a 121 

Dissenting Opinion of Judge Felch a 148 

Decree of Confirmation a 159 

Appeal of the City of San Francisco from said Decree to the United 

States District Court a 171 

Appeal of the United States from said Decree to the United States 

District Court a 171 

Dismissal by the United States of their Appeal a 172 

Act of Congress authorizing the case to be transferred to the United 

States Circuit Court a 257 

Order of the District Court, transferring the case to the U. S. Circuit 

Court a 224 

Opinion of Mr. Justice Field in favor of Confirming the Claim a 224 

Decree of Confirmation in the U. S. Circuit Court a 234 

Appeal of the United States from the Order of Confirmation a 234 

Notice of Motion by J. B. Williams, Esq., Special Counsel of the 
United States, to Vacate the Appeal of the United States, and for a 

Rehearing a 235 

Affidavit of J. B. Williams, Esq., used on that motion a 237 

Notice of Motion on behalf of the United States to Vacate the 

Appeal of the Unites States, and for Rehearing a 239 

Statement of the United States District Attorney, made on that motion a 240 

Affidavit of the Clerk of that Court, read on that Motion a 242 

Opinion of Mr. Justice Field on denying the Motion a 243 

Order entered in the Circuit Court, denying the Motion a 248 

Order of the Circuit Court, made of its own motion, opening the 

Decree of Confirmation in order to amend it ' a 249 

Final Decree Confirming the Claim, to the extent of four square 

leagues of Land a 250 

Motion of the respective parties for an Appeal from the Final Decree 

to the Supreme Court of the United States a 251 

Opinion of Mr. Justice Field, denying the Motions for Appeal a 251 

Order entered in the Circuit Court, denying the Motions for Appeal.. a 255 
Application to the Supreme Court of the United States, on the part of 

the LTnited States, for a Mandamus to compel the United States 

Circuit Court to allow an Appeal from said Decree on the part of 

the United States a 302 

Opinion of Mr. Justice Nelson, for the Majority of the Court, to allow 

a Mandamus a 305 

Opinion of Mr. Justice Field, for the Minority of the Court, against 

allowing a Mandamus a 308 

Writ of Mandate to allow an Appeal a 319 

Order of the Circuit Court allowing the United States an Appeal a 320 

Order of the Circuit Court allowing the City of San Francisco an 

Appeal a 365 

Letter of Attorney General respecting the case a 343 

Notes upon that Letter a 345 

Pueblo Lands, each Pueblo entitled to four leagues of n 21 

How they might be divided n 12 

No Special Grant necessary n 22 

How Measured n 22 

Not necessary to be measured in San Francisco n 23 



382 ALPHABETICAL INDEX. 

Page. 

Pueblo Lands, included Marsh, Swamp, and Overflowed Lands a 325, 337, note 

How to be measured under Confirmation to City of San Francisco... a 250 

Governor Gutierrez, opinion respecting n 7 

Recognized by Governor De Neve's Instructions of Colonization, in 

1781.—. n 28 

Recognized by Comnndante General in 1786 n 29 

Recognized by Plan of Pitic in 1789 n 33 

Recognized by Comtnandante General in 1791 n 34 

Ordered to be reduced to private ownership by Act of Cortez of 1813 a 20 

This Act still in force a 338,364 

Governors and Prefects authorized to Distribute a 314 

Municipal Tax imposed on Grant of Building Lots a 29 

of San Francisco, Title vested in present City and County of San 

Francisco a 361 

Can be disposed of by Ordinance of Board of Supervisors a 364 

Acts Relating to generally , a 324 

Pueblo Lands of Monterey, Espediente for a 49 

Pueblo of San Francisco, founded A. D. 1776 Introduction, xiv, n 25 

Visited by Vancouver, A.D. .1792 Introduction xvi 

Progress of, A. D. 1825 n 40 

Ayuntamiento of, A.D. 1834 n 49-52 

Population of, A.D. 1835 n 49 

Was complete in 1835 n 53 

Farming Lands of, granted by Governors n 55 

Ayuntamiento of, had power to grant Building and Sowing Lots n 57 

Ayuntamiento of, Building and Sowing Lots granted by n 59-60 

Ayuntamiento of, suspended in 1838 n 62 

Still existed in 1838 n 64 

Justices of the Peace succeeded the Ayuntamientos in it in 1838 n 62 

Scattering of its Population n 63 

Had no Jail in 1839 n 64 

Constitutional Elections in, in 1838-9 n 65 

Municipal Ordinances of, A.D. 1839 n 65 

Ejidos and Propios of, asked to be marked out, A.D. 1835 n 53 

Grants of Pueblo Lands in a 113,162,324 

Census of, A.D . 1842 n 71 

Alcaldes, Elected for, A.D. 1844 n 74 

San Francisco, Port of San Francisco, and Yerba Buena, all the same n 74 

Maps of, Approved by the Governor n 75 

See Maps. 
Grants to of Beach and Water Lots by General Kearney in name of 

the United States n 88 

District Legislature in n 89 

Ayuntamiento of, restored, A.D. 1849 n 90 

Recognized by tbe Legislature, A.D. 1850 n 92 

Abolished by City Charter of 1850, and succeeded by City of San 

Francisco n 92 

See Ayuntamiento, San Francisco City. 

Purissima, la Conception, Mission of, founded A.D. 1797 a 97 

Lands ordered to be sold n 78 

Punta de los Lobos, see Lobos. 

Del Angel de la Guarda Introduction xiii 

De las Almejas Introduction xiii 

De San Jose Introduction, xiii, xx 

See Point. 



ALPHABETICAL INDEX. 383 

Page. 
Ranchos, outside Pueblo Lands granted for, see Colonization, Pueblo, 
Espediente, Grants. 

Razon, Gente de, People of Reason, white Californians so called n 11 

, " " n £7 

Reason, people of. See Razon. 

Regidor, Alderman or Councilman n 9 

Registers of Marriages, Baptisms, and Burials kept at Mission Dolores. 

Introduction xiv 

Reservations of lands at San Francisco by the United States 

at the Presidio a 221 

at Rincon Point a 258 

Reserves, Government. See Reservations. 

Religious, Religioso, defined n 21 

Reynolds, Jas. IL, Supervisor, 1866 Introduction xxii 

Richardson, William, grant of lands to him in YerbaBuena in 1836 n 60 

this grant fully confirmed a 325 

Riley, Gen. Bennet, American Military Governor of Calioruia alio 

repudiates the Legislative Assembly of Sail Francisco n 89 

restores the Ayuntamiento of San Francisco n 90 

Rincon Point n 88 

reservations of lands at, by the United States a 258 

lands at, conveyed to the United States by City of San 

Francisco a 299 

United States Hospital at a 299 

Rix, Alfred, Police Judge in 1866 Introduction xxii 

Robertson, researches of respecting commuues n 3 

Romeu, Jose Antonio, Spanish Governor of California a 115 

Rowell, Isaac, Supervisor in 1866 Introduction xxii 

Sal, Hermenegildo, first Commandante at the Presidio of San Francisco. 

Introduction xv 

visited by Vaucouver in 179,2 " xvi 

Dona Josepha, his daughter " xvii 

Salinas, Las, espediente for n 69 

Salt Marsh, see Swamp Lands. 

San Antonio, Mission of, founded a.d. 1771 a 97 

ordered, provisionally, to be rented a 91 

San Buenaventura, Mission of, founded a.d. 1782 a 97 

ordered to be rented a 90 

San Diego, Presidio of, founded a.d. 1769 n 23 

Mission of, founded a.d. 1769 a 97 

ordered, provisionally, to be rented a 91 

R. C. Bishop of inote) n 46 

San Fernando, Mission of, founded a.d. 1797 a 97 

ordered to be rented a 90 

San Francisco City, origin of its name n£6 

harbor of discovered in 1772. Introduction xii n 13 

harbor of explored 1775. Introduction xii n 23 

harbor of entered by expedition for settlement. Intro- 
duction xiii n 23 

map of port made and sent to Vice Roy, 1775 Introduc- 
tion - xii 

bay of described, a. d. 1775. Introduction xi 

native inhabitants of its peninsula described. Introduction xiii 

Presidial pueblo of, founded a. d. 1776. Introduction xiv n 25 



384 ALPHABETICAL INDEX. 

Page. 

San Francisco City, Mission of, founded a. d. 1776. Introduction xiv n 25 

visited by Vancouver in 1792. Introduction x v i 

entitled to four leagues of land n 21 

how its lands might be divided n 22 

no special grant of land necessary n 22 

how its lands were to be measured by Spanish laws n 22 

its Pueblo lands did not need any measurement n 23 

its Pueblo lands defined by grants made of Ranchos n 83 

how its Pueblo lands are to be measured under decree of 

confirmation n 250 

opinion of Governor Gutienez respecting its Pueblo lands.. n 7 
its right to Pueblo lands recognized by Govenor De Neve's 

regulations of Colonization, in 1781 n 28 

its right to Pueblo lands recognized by Comandante Gen- 
eral in 1786 n 29 

its right to four leagues of Pueblo lands recognized by plan 

of Piticinl789 n 33 

its right to four leagues of Pueblo lands recognized by 

Comandante General in 1791 n 34 

rejected as site of Villa of Branciforte, in 1797 n 36 

Ayuntamiento of, provided for by Spanish laws a 18 

its Pueblo lands ordered to be reduced to private owner- 
ship by the Cortes of 1813 n 20 

its Pueblo lands excepted from operation of Colonization 

laws of 1824 n 41 

Governors and Prefects had authority to act in distribution 

of its Pueblo lands a 314 

progress of, a. d. 1825 n 40 

included in jurisdiction of Ayuntamiento of Partido of San 

Francisco, a. n. 1834 n 48 

population of, a. d. 1834 n 49 

Ayuntamiento organized in Pueblo of, a. d. 1835 n 49 

Pueblo of was a corporation n £6 

population of, at various times n 50 

Ayuntamiento of Pueblo of, was complete in 1835 n 52 

farming lands, or ranchos, granted by Govenors and Pre- 
fects out of Pueblo lands, under act of Cortes of 1813. n 55 

list of such grants a 355 

see also Espediente. 
Ayuntamiento of, had power to grant building and sowing 

lots n 57 

Ayuntamiento of, grants by of building and sowing lots... n 59 — 60 

Ayuntamiento of, existed in 1838 n 64 

Ayuntamiento of, suspended after 1838 n 62 

cause of the suspension of its Ayuntamiento n 63 

scattering of its population n 63 

Pueblo of, still existed a. d. 1839 n 64 

Justices of the Peace succeed in its government, with 

powers of Ayuntamientos, in 1839 n 62—64 

had no jail in 1839 n 64 

Constitutional election in, in 1838 — 9 n 65 

Municipal ordinances of, in 1839 n 65 

Ejidos and Propios asked to be marked out, in 1835 n 53 

R. H. Dana's account of, in 1835 n 48 






ALPHABETICAL INDEX. 385 

Page. 

San Francisco City, municipal tax levied upon grants of lots in, in 1834. a 29 
Syndic's report, showing the condition of these municipal 

taxes a 75 

population of, shifts to Yerba Buena n 97 

grants of Pueblo lands in, by municipal officers a 113, 162 

list of foreigners in, in 1840 a 72 

census of, in 1842 n 71 

Alcaldes ordered to be elected for, in 1843 a 85 

Alcaldes elected for, in 1844 n 71 

tbe same as Yerba Buena n 74 

maps of, approved by the Mexico-Californian Governor. . n 75 

epitomised map of n 1 

Langley's map of. n 23 

La Perouse's map of bay of, introduction, (note) xiii 

maps of, by the United States Coast Survey n 23 

taken possession of by the United States in 1846 a 111 

list of Mexican officers of a 111 

Alcaldes appointed for, by the United States, after the 

conquest n 87 

grant to, of beach and water lots by the United States 

through Gen. Kearney, military Govenor n 88 

map of those beach and water lots a 264 

District Legislature of, organized in a. d. 1849 n 89 

Gen. P. F. Smith's opinion of tbe District Legislature of. . n 89 

proceedings of the District Legislature of a 1 04 

District Legislature of charters Central Wharf Company. a 317 
Gen. Riley, military Govenor, repudiates District Legisla- 
ture of n 89 

Ay untamiento of, restored a. d. 1849 n 90 

Ayuntamiento of, suspends power of Alcaldes to grant its 

Pueblo Landsinl849 n 91 

Ayuntamiento of, puts up Pueblo Lands for sale in 1849 n 91 
its Pueblo Lands recognized by the Governor and Prefect 

in 1849 n 91 

Ayuntamiento of, its contest with Prefect Haw T es about its 

Pueblo Lands in 1849 n 91 

Ayuntamiento of, is prohibited to sell Pueblo Lands by the 

Governor in 1849 n 91 

Ayuntamiento of, is permitted by the Governor to sell Pu- 
eblo Lands in 1849 n 92 

Sales of lands of, by Ayuntamientos of 1849-1850 n 92 

Ayuntamiento and officers of, abolished in 1850 n 91 

is created a city in 1850 a 363; n 92 

thus became the legal successor of the Pueblo and entitled 

to all its rights n 100 

Pueblo of, recognized by the Legislature in 1850 n 92 

Ayuntamiento of, succeeded by City Council in 1850 n 92 

references to various charters of a 363 

Sinking Fund Ordinances of, in 1850 n 94 

conveys a portion of its landed property to Commissioners 

of Sinking Fund in 1850 a 192 

certain conveyances made by Commissioners of Sinking 

Fund of, legalized a 282 

Sinking Fund Commissioners of, ordered to convey its 

property to Commissioners of the Funded Debt a 198 



386 ALPHABETICAL INDEX. 

Page. 
San Francisco City, conveyance of a portion of its landed property to 

Commissioners of its Funded Debt, A.D. 1851 a 195, 199 

Conveyances made by majority of Commissioners of 

Funded Debt of, legalized a 277 

Commissioners of Funded Debt authorized to settle out- 
standing claims to real estate a 288,322 

grant to of Water Lots by first Water Lot Bill of 1851. .. a 265 

grant to of Water Lots by second Water Lot Bill of 1851 a 267 

Acts for sale of State's interest in Water Lots in . ..a 269 to 275 

Act for sale of State's interest in City Slip property in. .. a 275 

history of City Slip property in a 316 

Act in relation to Tide Water and Marsh Land property in a 323 
authorized to convey lands at Point Lobos to the United 

States a 277 

Custom House Block in, conveyed to United States a 278 

conveys Lands at Rincon Point to the United States a 299 

conveys Lands to Protestant Orphan Asylum a 301 

Outside Laud Bill of, passed in 1866 a 316 

Veto of Outside Land Bill a 352 

Notes on this Veto a 355 

Van Ness Ordinance of a 216, 285 

Note on this Ordinance a 365 

Map of Western Addition of a 296 

reservation of Lands in, at the Presidio and Rincon Point 

by the United States a 221,258 

leases of Government Reserves in, by the United States. a 261 

Wharf Contracts in, confirmed by the Legislature a 268,269 

authorized to present its claim to the Courts for four leagues 

of Pueblo lauds n 102 

proceedings of, on claim for four leagues of Pueblo Lauds 
(see Pueblo case) 

its claims for four leagues of Pueblo Lands confirmed a 250 

Iudian Mission at, see Mission Dolores. 

Lands authorized to be entered by under act of Congress, 

for benefit of its inhabitants a 214 

enters lands for the benefit of its inhabitants in the Land 

Oflice of the United States at Benicia a 287 

Registers of Baptisms, Marriages and Burials in, kept at 

the Mission Dolores, Introduction xv 

early settlers of, at the Presidio, Introduction xv 

Topography of xx 

present condition of xxii 

population, manufactures and institutions of xxii 

City and County of , under Consolidation Act of 1856 xxii 

Boaid of Supervisors, its City Council and Aldermen xxii 

Officers of, in 1866 xxii 

Uplands released to, by Acts of Congress in 1864 and 1866 

a 257, 213, 357 

Islands, granted to, by Act of Congress in 1864 and 18F6 

a 257, 313,325,333 

Acts relating to Landed property of a 324 

Landed property of, vested in corporate city, and subject 
to be disposed of by Board of Supervisors for com- 
mon benefit a 364 

See Ayuntamiento, Alcalde, Espediente, Presidio, Water 
Lots, Yerba Buena, Arkansas Swamp Land act, Partido. 



ALPHABETICAL INDEX. 387 

Page. 

San Francisco, Port of, in- Lower California n 26 

de Asis n 26 

de Paula n 26 

San Francisco Solano n 26 

Mission of a 97 

declared to be a Pueblo (Sonoma) a 89 

lands ordered to be sold n 78 

San Gabriel, Mission of, founded a.d. 1771 a 97 

ordered, provisionally, to be rented a 91 

San Jose, Pueblo of, founded a 3 

J&ov. Alvarado endeavors to have it called " Pueblo de 

Alvarado n $q 

Mission of, founded 1797 a 97 

ordered, provisionally, to be rented a 91 

San Juan Bautista, Mission of, founded a.d. 1799 a 97 

lands ordered to be sold n 78 

declared to be a Pueblo.. a 89 

San Juan Capistrano, Mission of, founded a.d. 1776 a 97 

declared to be a Pueblo a 89 

lands ordered to be sold n 78 

San Luis Obispo, Mission of, founded a.d. 1771 a 97 

declared to be a Pueblo a 90 

ordered to be sold a 90 

San Luis Key, Mission of, founded a.d. 1/98 a 27 

description of n 17 

ordered, provisionally, to be rented a 91 

San Mateo, sowing grounds for Mission Dolores n 77 

San Miguel, Mission of, founded a.d. 1797 a 97 

land of, ordered to be sold n 78 

San Pablo, sowing lands for Mission Dolores n 77 

San Pedro, espediente for n 61 

a place of pasturage for Mission Dolores n 77 

Point of Introductiou (note) xiii 

San Rafael, Mission of, founded a.d. 1817 a 97 

a Hospital of Indians for Mission Dolores n 77 

ordered to be sold n 78 

Santa Anna, President of Mexico, confiscates the Pious Fund of the Mis- 
sions of California n 47 

grants lands to the State for Deaf and Dumb Asylum n 329 

Santa Barbara, Mission of. founded a.d. 1786 a 97 

ordered to be rented a 90 

Santa Clara, Mission of, founded a.d. 1786 a 97 

ordered, provisionally, to be rented a 91 

Santa Cruz, Mission of, founded a.d. 1791 a 97 

Santa Inez, Mission of, founded a.d. 1804 a 97 

ordered to be rented a 91 

Santillan, Jose Prudencio, espediente for lands at the Mission Dolores - a 175 

this claim rejected a 326 

Saunders, John H., City Attorney in 1866 Introduction xxii 

See Pueblo Case. 
Sawyer, Hon. E. D., Judge of the Fourth District Court in 1866... Introduction xxii 

School Land Warrants, laws authorizing a 336 

discussion of the effect of their location on city 

lands a 345 (note 7) a 358, 359 



388 ALPHABETICAL INDEX. 

Page. 

Schreiber, Jacob, Supervisor in 1866 Introduction xxii 

Schrader, A. J., Supervisor in 1866 Introduction xxii 

Secularization denned n 21 

of the Indian Missions of California, see Missions. 
Serra, Father Junipero, founder and President of the Missions of 

California n 23 

rediscovers the Bay of San Francisco n 24 

causes the Mission of San Francisco to he founded Introduction xii, n 25 

Life of, hy Palou Introduction xii, n 24 

Sherreback, Peter, espediente for lands in San Francisco a 178 

proceedings against, as defaulting Syndic of San Francisco a 95 

Shillaber, Peter, leases to of Government Reserves a 261 

Sindico, or City Attorney n 9 

Fuller nominated as, for San Francisco a 63 

" accounts of passed n 71 

Sherrehack proceeded against as defaulter a 95 

Si.nki.vg Fund, ordinances of the City of Sau Francisco n 93 

conveyance to of city property hy the City of San Francisco a 192 

Commissioners of ordered to convey property of the City of San 

Francisco to Commissioners of Funded Debt a 198 

conveyance hy of properly of City of San Francisco to Commissioners 

of the Funded Deht a 195, 199 

Sioux Half-Breed Scrip, location of on city lands, discussed. .. I a 33() ' 34d, -s^s%U 

Sitios, grants ranchos or farming tracts n 9 

Sloat, Commodore John D., takes California a 115 

first American Military Governor of California a 115 

Smith, Gen. Persifer F., advises against Legislative Assembly in San Fran- 
cisco n 89 

Stephen, grant to by Governor at Mission Dolores a 327 

Peter, sales of uplands of the Pueblo of San Francisco, on 

execution a 329 

Peter, sales of Water Lots of the City of San Francisco, on 

execution a 332 

Sola, Pablo Vincente de, Spanish and Mexican Governor of California... a 115 

Sherman, (Maj. Gen) W. T. assists in making reservation atRincon Point.. a 259 

Sol ares, or Building Lots n 8 

See Pueblo Lands, Grants. 

Soledad, Mission de la Nuestra Senora de, founded a. d. 1791 a 97 

ordered to be sold n 78 

Soult, Marshal, Minister of War of Louis Philippe, orders an explora- 
tion of California n 15 

Speed, Hon. James. Attorney General, Letter concerning Pueblo Lands a 343 

St an yon, Charles H, Supervisor in 1865 Introduction xxii 

State of California, see California. 
Statutes of California, see California. 

Steinberger, John B., lease to, of Government Reserves a 261 

Stockton, Commodore Robert F., American Military Governor of California a 115 

Story, Charles R., Tax Collector in 1866 Introduction xxii 

Suburbs, see Ejidos. 

Suertes, or Sowing Lots n 9 

See Pueblo Lands. 

Supervisors, Board of Introduction xxii 

are Aldermen of the City xxii 






ALPHABETICAL INDEX. 389 

Page. 

Supervisors, President of is Mayor of the City " xxii 

have power to dispose of Pueblo Lands a 364 

list of for 1866 Introduction xxii 

Swamp Lands, under Arkansas Swamp Land Act a 337, 330 

do not extend below ordinary high water mark. . a 330, 324 note ; 337 note 
are included within the lines of the four Pueblo leagues, but 

excluded from computation of the area n 22, a 330 

embrace lands covered by Spring tides and salt marshes a 337 

extent of, in San Francisco a 358 

grants of, in San Francisco a 329, 332 

squatters on, in San Francisco a 330 

Tanfaran, Toribio, Prefect's grant at Mission Dolores a 327 

Termino Jurisdiccional, Municipal Jurisdiction '. n 7 

Termino Municipal, Municipal Limits n 7 

Thierry, on Communes n 3 

Tide, ordinary, line of high bounds Pueblo lands a 324, 337, note 

Tide Lands, are lands below the ordinary high water mark.. a 324, note ; 325, 331, note 

do not include lands overflowed by Spring tides a 330, 337, note 

do not include lands which are always covered by the tide, a 324, note ; 324 

do not include marsh lands a 337, note 

grants of, in San Francisco a 331 

See Water Lots. 

Titcomb, A. H., Supervisor in 1866 Introduction xxii 

Torrey, E. N., Supervisor in 1866 " xxii 

Town Council, see Ayuntamiento. 

Town Property, see Pueblo, Municipal Lands. 

statement of lands of San Francisco * a 324 

of City of San Francisco, how held and how to be dis- 
posed of a 356, 364 

Town Sites on Pueblo lands, how entered under act of Congress a 214 

entered for City of San Francisco. a 287 

Towns, see Communes, Pueblos. 

Tracy, F. P., grants by, as Justice of trie Peace a 329 

grants by, to Carpentier, by order of the Prefect a 321 

Tul a.RES, Indian Tribes of n 8o 

Neophyte Indians return to n 87 

Ugarte, Commandante General in 1788 n 31 

United States of America, Conquest by of California n 87 

seize the archives of the sub-Prefecture of San Francisco n 5 

organize the conquered territory n 87 

Military Governors of in California a 115 

grant Beach and Water Lots to the town of San Francisco n 88 

repudiate the District Legislature of San Francisco n 89 

restore the Ayuntamiento of the Pueblo of San Francisco n 90 

create a Land Commissioner in California to settle land claims a 203, n 101 

analysis of a portion of that Act n 102 

appeal from the decree of the Land Commission confirming Pueblo 

lands to San Francisco a 171 

dismissal of that appeal a 172 

laws of authorizing Public Lauds to be entered by towns for Town Sites a 214 

Reservations of Lands made by of Lands for Public Uses near San 

Francisco a 221 , 258 

appeal of from decree of U. S. Circuit Court confirming four leagues 

of land to the City of San Francisco a 234 



390 ALPHABETICAL INDEX. 

Page. 
United States of America, motions by to vacate appeal and open decree 

for rehearing a 235, 239 

appeal of in the Pueblo case allowed in the U. S. Circuit Court a 320 

law of granting to tbe City of San Francisco the lands embraced 

within the Van Ness Ordinance and some islandse a 255, 313, 333 

" Arkansas Swamp Land " Act of a 337 

conveyance to of Custom House Block by State of California a 278 

authorized to purchase lands in California for Public Purposes a 281 

conveyance to of Hospital Lot and other property at Rincon Point. :. a 299 

reservation of lands at Presidio a 221 

reservation of lands at lliucon Point a 258 

City of San Francisco authorized to convey lands to at Point Lobos.. a 277 

Valencia, E. aud J., Prefect's grant to, at Mission Dolores a 327 

Valencia, C, Governor's grant to, at Mission Dolores a 327 

a 327 

Vallejo, General Mariano G-, Comandante at the Presidio of San Fran- 
cisco n 48 

institutes Ayuntamieuto of the Partido of San Francisco n 49 

ordered to institute an Ayuntamieuto for the Pueblo of San Francisco n 49 

remarks upon his testimony a 116 

Vallejo, Salvador and Jacob P. Leese, see Leese 

Van Ness Ordinance, and proceedings on its adoption a 216,285 

entry of lands under it in the U. S. Land Office by City of San Fran- 
cisco a 287 

note respecting it a 365 

map of Western Addition adopted by it a 296 

Van Ness, Hon. James, author of the Van Ness Ordinance a 286 

message of, as Mayor in execution of these ordi- 
nances a 287-8 

approves some of these ordinances as Mayor. .. a 219, 291, 292 

Victoria, Manuel Mexican Governor of California a 115 

Vigilance Committers among native Californiaus n 87 

Villa, a title of dignity for a Pueblo or town n 36 

of Branciforte n 36 

Vioget , John, grant to, of fifty varas at Caiiutal by J . P a 69, 225 

Vista, defined n 13 

Water Lots defined a 330 

granted to San Francisco by the United States through General Kear- 

ne3 r , Military Governor n 88 

granted to City of San Francisco by the State of California by the 

first Water Lot Bill a 265 

granted to San Francisco by second Water Lot Bill a 267 

ActS'Of Legislature for sale of State's interest in a 269-275 

Acts of Legislature for sale of State's interest in City Slip Property.. a 275 

Act in relation to Tide and Marsh Lands in a 323 

Acts in relation to a 324 

Waters, Commons of n 12, 28 

Webb, Hon. S P., Mayor of San Francisco a 219 

approves first Van Ness Ordinance a 219 

message of, concerning entry of public lands as town site a 286 

entry by, of public lands as town site a 287 

Williams, John B., special counsel for the United States in the Pueblo case a 235, 237 

Wharf Contracts confirmed by Legislature a 268, 269 

Central a 317 



ALPHABETICAL INDEX. 391 

Page. 

Willows, the formerly La Laguna de ios Dolores Introduction xiii 

Woods, Commons of n 12, 28 

Yerba Buena, the same as San Francisco n 74 

building lots granted at n 57-60 

shifting of the population to it, Dana's description of it in 1835 n 41 

Island, note upon it n 97 

claimed under grant to Castro a 187 

this claim rejected by the Courts a 335 

Island of, Limantour's claim for a 174 

this claim rejected by the Courts a 335 

origin of the name, " Yerba Buena " n 97 

Island granted provisionally by United States to City of San Francisco a 333 

Young, Thomas, County Eecorder in 1866 . . .Introduction xxii 

Zamorano Document purporting to establish Pueblo boundaries of San 

Francisco a 142, 116 



28 



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